Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
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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