Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
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Abetment under Section 112(a) failed because abetment requires an actual committer and an abettor, and the record did not establish who the importer was or that either appellant was the importer. The Tribunal also noted that the case rested mainly on an uncorroborated statement retracted at the earliest opportunity, while a key investigative lead from the phone number in the shipping documents was not pursued; the penalty under Section 112(a) was set aside. Section 114AA was confined to fraudulent exports made only on paper without any physical export, so it did not apply to imports; the penalty under that provision was also set aside.
Abetment under Section 112(a) failed because abetment requires an actual committer and an abettor, and the record did not establish who the importer was or that either appellant was the importer. The Tribunal also noted that the case rested mainly on an uncorroborated statement retracted at the earliest opportunity, while a key investigative lead from the phone number in the shipping documents was not pursued; the penalty under Section 112(a) was set aside. Section 114AA was confined to fraudulent exports made only on paper without any physical export, so it did not apply to imports; the penalty under that provision was also set aside.
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