Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
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The text addresses interest liability for long-delayed excise rebate claims, stating that interest accrues from expiry of the statutory three-month period after application and that an abnormal delay justifies payment of interest at a higher commercial rate rather than the standard low statutory rate. It applies the doctrine that wrongful withholding causing unjust enrichment attracts equitable compensation, and concludes that in a case of over twelve years' delay the claimant is entitled to interest at 12% on the sanctioned rebate amount. The consequence is allowance of the appeal with consequential relief awarding higher rate interest on the rebate.
The text addresses interest liability for long-delayed excise rebate claims, stating that interest accrues from expiry of the statutory three-month period after application and that an abnormal delay justifies payment of interest at a higher commercial rate rather than the standard low statutory rate. It applies the doctrine that wrongful withholding causing unjust enrichment attracts equitable compensation, and concludes that in a case of over twelve years' delay the claimant is entitled to interest at 12% on the sanctioned rebate amount. The consequence is allowance of the appeal with consequential relief awarding higher rate interest on the rebate.
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