Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Section 28 of the Customs Act permits a demand notice only within five years from the relevant date. The High Court held that the notice issued in 2008 could sustain recovery only for 2003-04 to 2007-08; the demand for 1998-99 to 2002-03 was barred by limitation. Because the extended period was upheld on findings of collusion, wilful misstatement or suppression of facts, penalty under Section 114A was consequential and the Tribunal's deletion of penalty was set aside. The Court also directed that the available physical stock of re-imported silk fabric be adjusted against the surviving shortage, and that duty liability and penalty be recomputed accordingly.
Section 28 of the Customs Act permits a demand notice only within five years from the relevant date. The High Court held that the notice issued in 2008 could sustain recovery only for 2003-04 to 2007-08; the demand for 1998-99 to 2002-03 was barred by limitation. Because the extended period was upheld on findings of collusion, wilful misstatement or suppression of facts, penalty under Section 114A was consequential and the Tribunal's deletion of penalty was set aside. The Court also directed that the available physical stock of re-imported silk fabric be adjusted against the surviving shortage, and that duty liability and penalty be recomputed accordingly.
Note: It is a system-generated summary and is for quick reference only.