Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Inadvertent availment of common input service credit did not bar the higher rate of duty drawback where the CENVAT credit was reversed with interest before issuance of the show cause notice. Applying Chandrapur Magnet Wires and Precot Meridian, the HC treated the reversal as curing the prior availment for drawback purposes and rejected the argument that the Supreme Court authority lacked binding force. Emphasising the export-promoting object of drawback schemes, the Court held that a hyper-technical objection was unwarranted and set aside the revisional order, holding the exporter entitled to the applicable drawback rate for the relevant period.
Inadvertent availment of common input service credit did not bar the higher rate of duty drawback where the CENVAT credit was reversed with interest before issuance of the show cause notice. Applying Chandrapur Magnet Wires and Precot Meridian, the HC treated the reversal as curing the prior availment for drawback purposes and rejected the argument that the Supreme Court authority lacked binding force. Emphasising the export-promoting object of drawback schemes, the Court held that a hyper-technical objection was unwarranted and set aside the revisional order, holding the exporter entitled to the applicable drawback rate for the relevant period.
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