Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Entitlement to compensatory interest on delayed customs refunds arises under Section 27A and the statute mandates interest from the day after three months from receipt of the refund application; a deeming fiction in law does not postpone that commencement. The Department's wrongful rejection and protracted adjudication cannot defeat this statutory right, and denial of interest on the ground that refund was sanctioned only after appellate orders is unsustainable. Consequently the appellant is entitled to interest from the expiry of three months from each original refund application date in 2003 until actual payment, and the adjudicating authority was directed to compute and pay it promptly.
Entitlement to compensatory interest on delayed customs refunds arises under Section 27A and the statute mandates interest from the day after three months from receipt of the refund application; a deeming fiction in law does not postpone that commencement. The Department's wrongful rejection and protracted adjudication cannot defeat this statutory right, and denial of interest on the ground that refund was sanctioned only after appellate orders is unsustainable. Consequently the appellant is entitled to interest from the expiry of three months from each original refund application date in 2003 until actual payment, and the adjudicating authority was directed to compute and pay it promptly.
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