Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
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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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