Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
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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