Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
Bogus donation receipts justified commission income assessment and defeated political-party tax exemption for inaccurate accounts and reporting failur...
Pure reimbursement without income element escapes tax withholding, while delayed withholding and unsupported provisions face deferred or renewed scrut...
Public benefit requirement defeats charitable registration where residents' association services are reciprocal, member-only facilities governed by mu...
Exempt-income expenditure disallowance is confined to investments that actually generated exempt income, while supported business expenses remain dedu...
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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