Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Refund of duty on export goods was held barred by the doctrine of unjust enrichment where the exporter realised export proceeds above the FOB value declared in the shipping bill. The Tribunal applied the statutory bar and required proof that the duty incidence had not been passed on. As no cogent financial correlation or satisfactory explanation was produced to show that the excess realisation excluded the refund component, and the chartered accountant's certificate did not address this point, a presumption arose that the burden had been passed on. The refund sanction was therefore unsustainable and rejection of the claim was upheld.
Refund of duty on export goods was held barred by the doctrine of unjust enrichment where the exporter realised export proceeds above the FOB value declared in the shipping bill. The Tribunal applied the statutory bar and required proof that the duty incidence had not been passed on. As no cogent financial correlation or satisfactory explanation was produced to show that the excess realisation excluded the refund component, and the chartered accountant's certificate did not address this point, a presumption arose that the burden had been passed on. The refund sanction was therefore unsustainable and rejection of the claim was upheld.
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