Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Refund of anti-dumping duty paid before rescission was upheld because the rescinding notification expressly applied only prospectively and preserved things done before rescission. The Court noted that duty payments made before 29.02.2012 fell within that saving clause, and the Designated Authority's final findings had recorded no adverse impact on the domestic industry, no price suppression or depression, and no justification for continued anti-dumping duty on phenol from Chinese Taipei and the USA. In view of those findings, the Court held that no substantial question of law arose, declined to interfere with the Tribunal's refund order, and dismissed the Revenue's appeal.
Refund of anti-dumping duty paid before rescission was upheld because the rescinding notification expressly applied only prospectively and preserved things done before rescission. The Court noted that duty payments made before 29.02.2012 fell within that saving clause, and the Designated Authority's final findings had recorded no adverse impact on the domestic industry, no price suppression or depression, and no justification for continued anti-dumping duty on phenol from Chinese Taipei and the USA. In view of those findings, the Court held that no substantial question of law arose, declined to interfere with the Tribunal's refund order, and dismissed the Revenue's appeal.
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