Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
A refund of Extra Duty Deposit was held not hit by unjust enrichment where the disputed amount had been shown as recoverable in the relevant balance sheet, supported by a Chartered Accountant certificate, and the payment had been made from a promoter's loan that was a transaction distinct from the import itself. The Tribunal found that such loan funding did not amount to passing on the duty incidence to another person, so credit to the Consumer Welfare Fund was unsustainable and the refund was payable to the appellant. It also held that interest was payable on the delayed refund in accordance with the Customs Act, applying the principle in Ranbaxy Laboratories.
A refund of Extra Duty Deposit was held not hit by unjust enrichment where the disputed amount had been shown as recoverable in the relevant balance sheet, supported by a Chartered Accountant certificate, and the payment had been made from a promoter's loan that was a transaction distinct from the import itself. The Tribunal found that such loan funding did not amount to passing on the duty incidence to another person, so credit to the Consumer Welfare Fund was unsustainable and the refund was payable to the appellant. It also held that interest was payable on the delayed refund in accordance with the Customs Act, applying the principle in Ranbaxy Laboratories.
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