Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
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Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
The CESTAT upheld the Commissioner's order denying the appellant's refund claim for duty paid on UF/PF resin used captively, affirming the application of the principle of unjust enrichment. The Tribunal relied on Supreme Court precedents establishing that in cases of captive consumption, the burden lies on the claimant to prove non-transfer of duty. The refund amount of Rs. 51,33,004.71, though acknowledged as paid, is required to be credited to the Consumer Welfare Fund under Section 12C of the Central Excise Act. Consequently, the appeal was dismissed, confirming the revenue's entitlement to recover the erroneously sanctioned refund and directing appropriate legal action.
The CESTAT upheld the Commissioner's order denying the appellant's refund claim for duty paid on UF/PF resin used captively, affirming the application of the principle of unjust enrichment. The Tribunal relied on Supreme Court precedents establishing that in cases of captive consumption, the burden lies on the claimant to prove non-transfer of duty. The refund amount of Rs. 51,33,004.71, though acknowledged as paid, is required to be credited to the Consumer Welfare Fund under Section 12C of the Central Excise Act. Consequently, the appeal was dismissed, confirming the revenue's entitlement to recover the erroneously sanctioned refund and directing appropriate legal action.
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