Extended limitation requires wilful suppression and intent to evade; known facts cannot cure delayed tax recovery proceedings.
Extended limitation for duty recovery requires more than an incorrect valuation or short payment. The Revenue must independently establish wilful misstatement or suppression of material facts with intent to evade duty. Where material valuation facts were already known to the Department, an assessee's omission cannot, without more, be treated as suppression to overcome expiry of normal limitation. A show-cause notice must identify the factual basis for concealment, wilfulness, and intent; statutory labels alone are insufficient. This distinction remains relevant to GST proceedings involving fraud, wilful misstatement, or suppression. (AI Summary)
Extended limitation for duty recovery requires more than an incorrect valuation or short payment. The Revenue must independently establish wilful misstatement or suppression of material facts with intent to evade duty. Where material valuation facts were already known to the Department, an assessee's omission cannot, without more, be treated as suppression to overcome expiry of normal limitation. A show-cause notice must identify the factual basis for concealment, wilfulness, and intent; statutory labels alone are insufficient. This distinction remains relevant to GST proceedings involving fraud, wilful misstatement, or suppression. (AI Summary)
TaxTMI