Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
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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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