Approved gratuity fund provisions remain deductible despite general actual-payment requirements, preventing revision of the allowed gratuity deduction...
Verification of intangible software expenditure and duplicated disallowances requires record-based reassessment before depreciation and income computa...
Cash receipt aggregation requires a single transaction, event or occasion; separate partner capital contributions cannot attract cash-receipt penaltie...
The CESTAT allowed the appeal, setting aside the impugned order denying refund of differential CVD. The tribunal held that the subject Bills of Entry (BOEs) were duly re-assessed as mandated by the Supreme Court ruling in ITC Ltd., and this re-assessment order had attained finality as it was not challenged by the department. The rejection of the refund on a ground not raised by the department was deemed legally unsustainable. Consequently, the appellant was found legally entitled to the refund arising from the reassessment. The order impeding the refund was quashed, and the appeal was allowed.
The CESTAT allowed the appeal, setting aside the impugned order denying refund of differential CVD. The tribunal held that the subject Bills of Entry (BOEs) were duly re-assessed as mandated by the Supreme Court ruling in ITC Ltd., and this re-assessment order had attained finality as it was not challenged by the department. The rejection of the refund on a ground not raised by the department was deemed legally unsustainable. Consequently, the appellant was found legally entitled to the refund arising from the reassessment. The order impeding the refund was quashed, and the appeal was allowed.
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TaxTMI 
TaxTMI 
of 4925 
