Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
Diagnostic microcuvette classification follows sole-use analytical function, placing specialised disposable cuvettes with their analyser rather than g...
Customs Broker licensing proceedings fail when their offence-report foundation collapses and authorisation, advisory, and KYC duties remain unbreached...
Section 54(11) of the CGST Act permits withholding an export IGST refund where the underlying refund order is subject to appeal or other pending proceedings and, after hearing the taxable person, the Commissioner independently concludes that release would adversely affect revenue because of fraud or malfeasance. This statutory safeguard operates without a separate judicial stay; a proposed appeal alone is insufficient, but an already commenced anti-evasion investigation may qualify as pending proceedings. Material concerning allegedly non-genuine or non-operational suppliers and unestablished goods movement supported the withholding. Questions on supply genuineness remained for GSTAT; withholding was sustained and writ relief refused.
Section 54(11) of the CGST Act permits withholding an export IGST refund where the underlying refund order is subject to appeal or other pending proceedings and, after hearing the taxable person, the Commissioner independently concludes that release would adversely affect revenue because of fraud or malfeasance. This statutory safeguard operates without a separate judicial stay; a proposed appeal alone is insufficient, but an already commenced anti-evasion investigation may qualify as pending proceedings. Material concerning allegedly non-genuine or non-operational suppliers and unestablished goods movement supported the withholding. Questions on supply genuineness remained for GSTAT; withholding was sustained and writ relief refused.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
