Capital Asset Conversion Requires Proven Business Stock Treatment; Paper Consideration in Spousal Flat Transfers Does Not Create Taxable Business Inco...
Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
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HC held that the issue of entitlement to rebate/refund of duty on export of exempted goods under Section 11B read with Rule 18 stands concluded by prior binding precedent. Following the earlier coordinate bench, the impugned actions denying/adjusting rebate were set aside and the respondents were directed to grant refund/rebate in cash, not by credit to any electronic or CENVAT ledger, as such account does not exist post 01.07.2017. On interest under Section 11BB, HC clarified that interest is payable from the date immediately after expiry of three months from receipt of the refund application under Section 11B(1), not from the date of sanction order. Writ petitions were disposed of accordingly.
HC held that the issue of entitlement to rebate/refund of duty on export of exempted goods under Section 11B read with Rule 18 stands concluded by prior binding precedent. Following the earlier coordinate bench, the impugned actions denying/adjusting rebate were set aside and the respondents were directed to grant refund/rebate in cash, not by credit to any electronic or CENVAT ledger, as such account does not exist post 01.07.2017. On interest under Section 11BB, HC clarified that interest is payable from the date immediately after expiry of three months from receipt of the refund application under Section 11B(1), not from the date of sanction order. Writ petitions were disposed of accordingly.
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