Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
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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