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...
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IGST charged on the ocean freight component pursuant to notifications was held not exigible and refunded; the Court treats retention of such tax as contrary to constitutional provisions and rejects reliance on Section 54/56 procedural provisions for denial of interest. The petitioner is awarded restitutionary relief in the form of simple interest running from the date of payment of the IGST on ocean freight until actual refund, at 6% per annum, payable within eight weeks, increasing to 9% per annum for further delay. The ruling treats unjust enrichment and unauthorized levy as operative bases for interest on refunds.
IGST charged on the ocean freight component pursuant to notifications was held not exigible and refunded; the Court treats retention of such tax as contrary to constitutional provisions and rejects reliance on Section 54/56 procedural provisions for denial of interest. The petitioner is awarded restitutionary relief in the form of simple interest running from the date of payment of the IGST on ocean freight until actual refund, at 6% per annum, payable within eight weeks, increasing to 9% per annum for further delay. The ruling treats unjust enrichment and unauthorized levy as operative bases for interest on refunds.
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