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Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
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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...
CESTAT allowed the appeal filed by the assessee and held that Revenue was entitled only to the duty, interest and penalty as quantified by the Settlement Commission in respect of the first SCN, to be adjusted against the fixed deposit created pursuant to SC directions. CESTAT ruled that Revenue had no authority to appropriate any further sums towards other outstanding dues from separate litigations while processing the refund. Noting prolonged deprivation of the lawful refund, CESTAT directed that interest at 6% p.a. be calculated on Rs. 34,95,275/- for the period 08.08.2019 to 29.05.2023 and granted to the assessee without any additional application. Revenue was directed to disburse the interest within eight weeks of receipt of the order.
CESTAT allowed the appeal filed by the assessee and held that Revenue was entitled only to the duty, interest and penalty as quantified by the Settlement Commission in respect of the first SCN, to be adjusted against the fixed deposit created pursuant to SC directions. CESTAT ruled that Revenue had no authority to appropriate any further sums towards other outstanding dues from separate litigations while processing the refund. Noting prolonged deprivation of the lawful refund, CESTAT directed that interest at 6% p.a. be calculated on Rs. 34,95,275/- for the period 08.08.2019 to 29.05.2023 and granted to the assessee without any additional application. Revenue was directed to disburse the interest within eight weeks of receipt of the order.
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