Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
Risk-based postal import clearance standardises electronic assessment, document requests, duty realisation and delivery controls at Foreign Post Offic...
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The HC held that the 60-day time limit under Section 54(7) of the WBGST Act, 2017 for passing an order on a refund application is mandatory and any non-compliance vitiates the order passed under Section 54(5). The PO must consider the applicant's reply and provide an opportunity of hearing within this period. The scrutiny and acknowledgment of the refund application must be completed within 15 days as per Rule 90(2). The rejection of the refund claim by the Assistant Commissioner and Appellate Authority was held unlawful as they exceeded their jurisdiction by questioning receipt of goods by the importer, which is irrelevant; the refund is contingent solely on payment of duties, evidenced by customs documents. The HC found the impugned orders and judgment legally flawed, set aside the judgment, and allowed the intra-court appeal due to the authorities' failure to adhere to mandatory timelines and exceed their statutory mandate.
The HC held that the 60-day time limit under Section 54(7) of the WBGST Act, 2017 for passing an order on a refund application is mandatory and any non-compliance vitiates the order passed under Section 54(5). The PO must consider the applicant's reply and provide an opportunity of hearing within this period. The scrutiny and acknowledgment of the refund application must be completed within 15 days as per Rule 90(2). The rejection of the refund claim by the Assistant Commissioner and Appellate Authority was held unlawful as they exceeded their jurisdiction by questioning receipt of goods by the importer, which is irrelevant; the refund is contingent solely on payment of duties, evidenced by customs documents. The HC found the impugned orders and judgment legally flawed, set aside the judgment, and allowed the intra-court appeal due to the authorities' failure to adhere to mandatory timelines and exceed their statutory mandate.
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