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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether duty payable on goods cleared provisionally could be denied or the demand treated as barred merely because finalisation of the RT-12 return and final adjustment of duty took place after a considerable delay.
Analysis: The provisional clearances were made pending test results and the assessment was finalised later. The argument that a delayed finalisation of the RT-12 return or adjustment of duty rendered the subsequent demand unenforceable was rejected. The reference to the Supreme Court decision on exercise of power within a reasonable time was distinguished on the footing that it did not lay down a hard time limit for finalisation of assessment or for recovery of duty after such finalisation. Rule 9B did not prescribe any time limit for finalising assessment or making the consequential adjustment of duty, and the mere fact that adjustment did not immediately follow finalisation did not alter the applicability of the law.
Conclusion: The demand for duty was not barred by delay in finalisation of the provisional assessment or RT-12 return, and the order setting aside the demand was ? No, the demand was upheld in favour of the Revenue.
Final Conclusion: The duty demand arising from finalisation of the provisional assessment survived, and the departmental appeal succeeded.
Ratio Decidendi: Delay in finalisation of a provisional assessment does not by itself extinguish the liability to pay duty where the governing rules prescribe no limitation period for such finalisation or the consequential adjustment of duty.
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