Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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The HC directed Respondent No.1 to give effect to the Commissioner (Appeals) order dated 19 February 2024 and to grant the Petitioner a refund of taxes paid, together with interest under section 244A of the I.T. Act. The court found the assessment demand extinguished by deletion of additions on appeal and held that pending inquiries or verifications directed by the Commissioner (Appeals) cannot justify withholding the refund. The HC also noted that reassessment notices for the relevant years have been quashed, there is presently no subsisting demand, and consequently Respondent No.1 must immediately pass consequential orders and release the refund with statutory interest.
The HC directed Respondent No.1 to give effect to the Commissioner (Appeals) order dated 19 February 2024 and to grant the Petitioner a refund of taxes paid, together with interest under section 244A of the I.T. Act. The court found the assessment demand extinguished by deletion of additions on appeal and held that pending inquiries or verifications directed by the Commissioner (Appeals) cannot justify withholding the refund. The HC also noted that reassessment notices for the relevant years have been quashed, there is presently no subsisting demand, and consequently Respondent No.1 must immediately pass consequential orders and release the refund with statutory interest.
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