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Issue ID: 116853
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Time limit for scn to eou

Date 16 Nov 2020
Replies 4 Replies
Views 3718 Views
Limitation for show-cause notices: bond execution does not extend time; departmental knowledge of records bars extended limitation.
Execution of a bond by an exporter does not, by itself, extend the statutory limitation for issuing a show-cause notice; where all relevant facts were disclosed in statutory returns and books of account and were within the department's knowledge, the extended-period or suppression provision cannot be invoked on the basis of audit objections arising from those records. (AI Summary)

We at a 100% e o u. And have executed the bond.

The department insists that by virtue of Bond the SCN can be issued after Five years also and there is no time limit for this since bond have executed.

Pl advice as the Bond executed also carry's the word that any duty demanded is subject to proviso of Sec 11.

Secondary, Audit objection was raised in December 2017 and SCN have been issued in August 2020. Is this hit by limitation act as every details was mentioned in the monthly return but ss usual dept has invoked suppression clause.

Regards

Amresh kumar

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