Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Whether the deposit held by revenue qualifies for interest and is refundable: applying Section 35F/35FF as amended (Finance Act, 2014) and Section 129EE/Central Government Circular No. 984/8/2014-CX, amounts paid during investigation are equivalent to pre-deposits and attract statutory interest; post-2014 amendment entitles the payer to interest (not less than 5% and up to 36%), here fixed at 6% by the Government. Whether the refund claim date governs entitlement: the later-filed refund application of 27.10.2023 relates back to the original 21.03.2018 claim under Section 11B(2), so the refiled claim was wrongly treated as original. Consequence: deposit refundable with interest from date of deposit until disbursement; impugned order set aside and appeal allowed - CESTAT
Whether the deposit held by revenue qualifies for interest and is refundable: applying Section 35F/35FF as amended (Finance Act, 2014) and Section 129EE/Central Government Circular No. 984/8/2014-CX, amounts paid during investigation are equivalent to pre-deposits and attract statutory interest; post-2014 amendment entitles the payer to interest (not less than 5% and up to 36%), here fixed at 6% by the Government. Whether the refund claim date governs entitlement: the later-filed refund application of 27.10.2023 relates back to the original 21.03.2018 claim under Section 11B(2), so the refiled claim was wrongly treated as original. Consequence: deposit refundable with interest from date of deposit until disbursement; impugned order set aside and appeal allowed - CESTAT
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