Export obligation removed by notification, customs duty demand invalidated; penalties under s.112 and s.114AA quashed due to inadmissible s.108 statem...
Customs officers must wear and use department-issued body-worn cameras when clearing passenger baggage, with daily secure transfer and 30-day retentio...
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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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