Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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CESTAT dismissed the appeal and upheld the impugned order, holding that the sums of Rs. 3,83,645 and Rs. 3,94,331 paid by the appellant in relation to seized goods released provisionally were not deposits made under protest but amounts of customs duty, thereby rendering Section 35FF inapplicable. The Tribunal directed refund under Section 27A, awarding interest only from the date immediately after the expiry of three months from the refund application until actual disbursement, not from date of payment, because the payments constituted duty. The interest rate was fixed at 6% as constrained by the relevant governmental notification and prior judicial determination; Commissioner (Appeals)'s grant of refund with interest was affirmed.
CESTAT dismissed the appeal and upheld the impugned order, holding that the sums of Rs. 3,83,645 and Rs. 3,94,331 paid by the appellant in relation to seized goods released provisionally were not deposits made under protest but amounts of customs duty, thereby rendering Section 35FF inapplicable. The Tribunal directed refund under Section 27A, awarding interest only from the date immediately after the expiry of three months from the refund application until actual disbursement, not from date of payment, because the payments constituted duty. The interest rate was fixed at 6% as constrained by the relevant governmental notification and prior judicial determination; Commissioner (Appeals)'s grant of refund with interest was affirmed.
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