Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Rejection of an application for a withholding tax certificate resulted in the High Court holding that the Competent Authority acted arbitrarily by issuing a certificate at 15% despite existing binding precedent favouring nil withholding; the authority cannot depart from the court's settled view unless factual differences or new information justify a contrary conclusion. The court criticised delay in deciding the Section 197 application beyond the statutory period, observed that such delay frustrates the statutory purpose of preserving cash flow and avoiding interest on refunds, set aside the impugned order and directed issuance of a nil-rate certificate within 15 days.
Rejection of an application for a withholding tax certificate resulted in the High Court holding that the Competent Authority acted arbitrarily by issuing a certificate at 15% despite existing binding precedent favouring nil withholding; the authority cannot depart from the court's settled view unless factual differences or new information justify a contrary conclusion. The court criticised delay in deciding the Section 197 application beyond the statutory period, observed that such delay frustrates the statutory purpose of preserving cash flow and avoiding interest on refunds, set aside the impugned order and directed issuance of a nil-rate certificate within 15 days.
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