Extended reassessment limitation in search cases requires asset-linked escaped income, invalidating additions based only on unexplained money or expen...
Enhanced tolerance band under section 43CA applies retrospectively, deleting qualifying deemed-sale additions while disputed stamp valuation requires ...
Customs transaction value rejection requires communicated reasonable doubt, while written reassessment acceptance preserves challenges to enhanced val...
Challenge-mechanism compliance clarifications permitted, while unilateral revised resolution plans may be refused under creditors' commercial discreti...
The CESTAT held that the adjudicating authority erred in applying Section 18(5) of the Customs Act, 1962, regarding recovery of refund of excess customs duty paid during provisional assessment. The tribunal clarified that such provisional duty payments are deposits, not final duty, and the doctrine of unjust enrichment does not apply to refunds of excess duty on unutilized stores. The appellant demonstrated that the refund claim was properly recorded in accounting books and the duty was not passed on to buyers. Consequently, the recovery order for Rs. 11,05,908/- plus interest was set aside. The appeal was allowed, affirming that no recovery is warranted under the circumstances.
The CESTAT held that the adjudicating authority erred in applying Section 18(5) of the Customs Act, 1962, regarding recovery of refund of excess customs duty paid during provisional assessment. The tribunal clarified that such provisional duty payments are deposits, not final duty, and the doctrine of unjust enrichment does not apply to refunds of excess duty on unutilized stores. The appellant demonstrated that the refund claim was properly recorded in accounting books and the duty was not passed on to buyers. Consequently, the recovery order for Rs. 11,05,908/- plus interest was set aside. The appeal was allowed, affirming that no recovery is warranted under the circumstances.
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