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...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Section 142(3) of the CGST Act does not create a fresh refund right where the underlying CENVAT credit entitlement had already expired under the six-month limit from the duty-paying document. The Tribunal held that credit on the challan dated 09.05.2019 could be taken only until 09.11.2019, so a later transitional refund claim was time-barred. The COVID limitation extension could not revive a claim that had already lapsed before the pandemic period. It also held that excess payment against the bill of entry was customs duty, so any refund had to be claimed under Section 27 of the Customs Act; reliance on the EODC was misplaced.
Section 142(3) of the CGST Act does not create a fresh refund right where the underlying CENVAT credit entitlement had already expired under the six-month limit from the duty-paying document. The Tribunal held that credit on the challan dated 09.05.2019 could be taken only until 09.11.2019, so a later transitional refund claim was time-barred. The COVID limitation extension could not revive a claim that had already lapsed before the pandemic period. It also held that excess payment against the bill of entry was customs duty, so any refund had to be claimed under Section 27 of the Customs Act; reliance on the EODC was misplaced.
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