Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
CESTAT affirmed the adjudicating order denying refund of rubber cess paid under protest on imported natural rubber, holding that additional duty under s.3(1) of the CETA (CVD) is leviable to the extent equal to the cess imposed under s.12 of the Rubber Act, 1947. The Tribunal applied binding precedent, including a Larger Bench decision, and concluded there was no reason to depart from that ratio. Consequently, the appellant's refund claims were held unsustainable and the appeals were dismissed for being devoid of merit.
CESTAT affirmed the adjudicating order denying refund of rubber cess paid under protest on imported natural rubber, holding that additional duty under s.3(1) of the CETA (CVD) is leviable to the extent equal to the cess imposed under s.12 of the Rubber Act, 1947. The Tribunal applied binding precedent, including a Larger Bench decision, and concluded there was no reason to depart from that ratio. Consequently, the appellant's refund claims were held unsustainable and the appeals were dismissed for being devoid of merit.
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