Permanent establishment tests: independent subsidiary premises and principal-to-principal dealings did not create Indian taxability for offshore suppl...
Valuation Officer estimates govern property-value additions once statutory valuation is invoked, requiring fresh consideration of objections and compa...
Waiver of written show-cause notice may prevent a later procedural challenge after participation in customs adjudication, preserving statutory appella...
Retrospective invalidity of ocean-freight IGST supports refunds despite non-party status and prior credit utilisation, subject to authorised appeal gr...
Additional evidence in departmental appeals may include show-cause-notice material without introducing a new case where it merely corroborates existin...
Reasoned rectification orders require consideration of expenditure disclosed in income-tax returns, preventing revision based on incomplete income com...
Modified returns after business reorganisations cannot trigger fresh scrutiny once the original assessment was complete, invalidating related transfer...
Third-party loose sheets require reliable nexus before supporting unexplained expenditure additions; presumptions do not establish payer identity or o...
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Rule 16 permits recovery of erroneously or excessively paid drawback but, where no limitation period is prescribed, the power must be exercised within a reasonable period. Non-production of proof that export proceeds were realised, without allegations of fraudulent availment or suppression, does not invoke the fraud-based exception to limitation. Unexplained delay after the last drawback payment renders recovery proceedings time-barred. Availability of an alternative statutory appeal does not prevent writ relief against recovery action taken without statutory authority. The recovery order, consequential action, account freeze and recovered amount were set aside or reversed accordingly.
Rule 16 permits recovery of erroneously or excessively paid drawback but, where no limitation period is prescribed, the power must be exercised within a reasonable period. Non-production of proof that export proceeds were realised, without allegations of fraudulent availment or suppression, does not invoke the fraud-based exception to limitation. Unexplained delay after the last drawback payment renders recovery proceedings time-barred. Availability of an alternative statutory appeal does not prevent writ relief against recovery action taken without statutory authority. The recovery order, consequential action, account freeze and recovered amount were set aside or reversed accordingly.
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