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...
Additional customs duty under Section 3(1) is levied to maintain parity with like goods manufactured in India, so imported goods are treated as if manufactured domestically for concessional CVD under Notification No. 12/2012-CE. On that basis, the condition of non-availment of CENVAT credit could not be denied to an importer merely because it is tied to manufacture and cannot be literally shown by a trader-importer. The reasoning in SRF Ltd. was applied, the strict-construction plea based on Hari Chand Shri Gopal was distinguished, and procedural limits in the EDI system could not defeat the substantive concession. The concessional rate was extended and the Department's appeal was dismissed.
Additional customs duty under Section 3(1) is levied to maintain parity with like goods manufactured in India, so imported goods are treated as if manufactured domestically for concessional CVD under Notification No. 12/2012-CE. On that basis, the condition of non-availment of CENVAT credit could not be denied to an importer merely because it is tied to manufacture and cannot be literally shown by a trader-importer. The reasoning in SRF Ltd. was applied, the strict-construction plea based on Hari Chand Shri Gopal was distinguished, and procedural limits in the EDI system could not defeat the substantive concession. The concessional rate was extended and the Department's appeal was dismissed.
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