Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Preferential tariff benefit under the ASEAN-India Free Trade Area cannot be denied solely because an overseas supplier did not cooperate in a general origin-verification exercise. Each Certificate of Origin is an independent statutory document for a distinct import transaction and requires transaction-specific verification; departmental correspondence does not itself invalidate certificates issued by the exporting country's designated authority. In the absence of findings that the certificates were forged, cancelled, fraudulently obtained or otherwise invalid, the article states that preferential duty treatment remains available. It also explains that extended limitation requires Revenue to prove fraud, collusion, wilful misstatement or intentional suppression; an openly disclosed claim supported by certificates accepted at assessment does not establish wilful suppression.
Preferential tariff benefit under the ASEAN-India Free Trade Area cannot be denied solely because an overseas supplier did not cooperate in a general origin-verification exercise. Each Certificate of Origin is an independent statutory document for a distinct import transaction and requires transaction-specific verification; departmental correspondence does not itself invalidate certificates issued by the exporting country's designated authority. In the absence of findings that the certificates were forged, cancelled, fraudulently obtained or otherwise invalid, the article states that preferential duty treatment remains available. It also explains that extended limitation requires Revenue to prove fraud, collusion, wilful misstatement or intentional suppression; an openly disclosed claim supported by certificates accepted at assessment does not establish wilful suppression.
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