Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Rejection of IGST refund for exported goods solely on the ground that the exporter had not furnished bond/LUT prior to export under Rule 96A of the CGST Rules was held unsustainable because the governing circular clarifies that non-furnishing of LUT/bond is not an incurable or strictly mandatory defect and may be accepted ex post facto depending on the facts and purpose of the refund claim. Since the refund authority failed to consider and apply the circular while rejecting the claim, the rejection order was set aside and the refund application was remitted for fresh consideration in accordance with law. - HC
Rejection of IGST refund for exported goods solely on the ground that the exporter had not furnished bond/LUT prior to export under Rule 96A of the CGST Rules was held unsustainable because the governing circular clarifies that non-furnishing of LUT/bond is not an incurable or strictly mandatory defect and may be accepted ex post facto depending on the facts and purpose of the refund claim. Since the refund authority failed to consider and apply the circular while rejecting the claim, the rejection order was set aside and the refund application was remitted for fresh consideration in accordance with law. - HC
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