Customs demand classification and igst credit determine limitation, evidentiary burden, and input tax treatment.
Customs demand notices require careful classification between Section 28(1) and Section 28(4), because the applicable provision affects limitation and defence strategy. Routine demands involving misclassification, undervaluation, or procedural errors fall under Section 28(1), while fraud, wilful misstatement, or suppression of facts under Section 28(4) extends the look-back period and requires proof of actual misrepresentation. The discussion also notes that IGST paid as part of customs duty may be claimed as input tax credit under Sections 16 and 17 of the CGST Act, supported by Rule 36(4) of the CGST Rules. (AI Summary)
Customs demand notices require careful classification between Section 28(1) and Section 28(4), because the applicable provision affects limitation and defence strategy. Routine demands involving misclassification, undervaluation, or procedural errors fall under Section 28(1), while fraud, wilful misstatement, or suppression of facts under Section 28(4) extends the look-back period and requires proof of actual misrepresentation. The discussion also notes that IGST paid as part of customs duty may be claimed as input tax credit under Sections 16 and 17 of the CGST Act, supported by Rule 36(4) of the CGST Rules. (AI Summary)
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