Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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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