Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
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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