Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
The sole issue was whether the Department could adjust a tax refund for A.Y. 2023-24 against an outstanding demand for A.Y. 2022-23 without the specific higher-payment reference contemplated by the applicable Office Memoranda and s.245 procedure; the court held that, absent any reference to the Principal Commissioner/Commissioner to require a payment above the stay deposit, only the contractual stay deposit proportion (20%) of the A.Y. 2022-23 demand could lawfully be set off-20% (Rs. 1,03,46,296) retained and the remainder of the refund to be paid with interest within 30 days; the retained sum remains subject to the pending appeal and the residual demand remains stayed until its disposal. - HC
The sole issue was whether the Department could adjust a tax refund for A.Y. 2023-24 against an outstanding demand for A.Y. 2022-23 without the specific higher-payment reference contemplated by the applicable Office Memoranda and s.245 procedure; the court held that, absent any reference to the Principal Commissioner/Commissioner to require a payment above the stay deposit, only the contractual stay deposit proportion (20%) of the A.Y. 2022-23 demand could lawfully be set off-20% (Rs. 1,03,46,296) retained and the remainder of the refund to be paid with interest within 30 days; the retained sum remains subject to the pending appeal and the residual demand remains stayed until its disposal. - HC
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