Commission expenditure linked to pharmaceutical marketing income qualifies as business deduction when recipient identity, genuineness and business pur...
Country of Origin Certificates and declared transaction value supported preferential customs exemption where authenticity and invoice prices remained ...
Page of 4816
Press 'Enter' after typing page number.
401 to 420 of 96301 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
Refund of duty paid under protest was held to arise only after the underlying dispute on exemption or classification is finally settled in the assessee's own case. Applying Dena Snuff, the Tribunal found that the decisive question was whether a legally enforceable cause of action for refund existed on the date of the application, not the later success on exemption entitlement. Because the eligibility dispute had not been finally decided when the refund was filed, the claim was premature and correctly rejected. The Tribunal also noted that a show cause notice under section 28 of the Customs Act requires an existing cause of action and that protective demands issued without one are not sustainable.
Refund of duty paid under protest was held to arise only after the underlying dispute on exemption or classification is finally settled in the assessee's own case. Applying Dena Snuff, the Tribunal found that the decisive question was whether a legally enforceable cause of action for refund existed on the date of the application, not the later success on exemption entitlement. Because the eligibility dispute had not been finally decided when the refund was filed, the claim was premature and correctly rejected. The Tribunal also noted that a show cause notice under section 28 of the Customs Act requires an existing cause of action and that protective demands issued without one are not sustainable.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
