Tax authority's substitution of projected figures with actuals overturned; original acquisition valuation upheld; transfer pricing issues remitted for...
Beneficial owner held liable for differential customs duty; royalties added under Rule 10(1)(c); confiscation, penalties under s.111(m), s.114A, s.112...
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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