Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
HC held that duty drawback under Section 74 of Customs Act, 1962 is allowable only on Basic Customs Duty paid and not on total customs duties including Countervailing Duty, Special Additional Duty, and Education Cesses. Court interpreted "any duty" in Section 74 to mean duty payable under Customs Act only, excluding duties under Customs Tariff Act, 1975 or other Acts. Section 2(15) definition of "duty" supports this interpretation. Petitioner had already availed Cenvat credit on CVD, SAD and Cesses under Rule 3 of Cenvat Credit Rules, 2004, but not on basic customs duty. Impugned orders modified directing authorities to recompute duty drawback considering only basic customs duty and apply Notification 23/2008 for computation period. Petition allowed by way of remand.
HC held that duty drawback under Section 74 of Customs Act, 1962 is allowable only on Basic Customs Duty paid and not on total customs duties including Countervailing Duty, Special Additional Duty, and Education Cesses. Court interpreted "any duty" in Section 74 to mean duty payable under Customs Act only, excluding duties under Customs Tariff Act, 1975 or other Acts. Section 2(15) definition of "duty" supports this interpretation. Petitioner had already availed Cenvat credit on CVD, SAD and Cesses under Rule 3 of Cenvat Credit Rules, 2004, but not on basic customs duty. Impugned orders modified directing authorities to recompute duty drawback considering only basic customs duty and apply Notification 23/2008 for computation period. Petition allowed by way of remand.
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