Transaction value rejection requires reliable corroboration; refundable VAT is excluded and temporary registration does not defeat new-vehicle exempti...
Appellate jurisdiction remains available where a wrist-worn gold ornament cannot conclusively be characterised as imported baggage at the preliminary ...
Written complaint requirement bars cognizance on police reports for securities offences, while unsupported breach of trust and cheating allegations fa...
Risk-based postal import clearance standardises electronic assessment, document requests, duty realisation and delivery controls at Foreign Post Offic...
Customs Cargo Service Provider appointment extends custodianship to additional terminal land, subject to cargo-control, security and licence condition...
Recovery of irregular or excess suo motu credit under Notification No. 39/2001-CE is treated as recovery of excise duty erroneously refunded where the credit is not reversed. The limitation applicable to erroneous refunds therefore governs such recovery. A recovery notice issued more than five years after credit was taken was time-barred, rendering the related demand, interest and penalty unsustainable. Annual differential-duty credit taken after submission of the prescribed statement and prolonged inaction by the jurisdictional officer was treated as compliant with the notification. Revenue authorities' cited decisions on different forms of suo motu adjustment or refund did not apply. The impugned order was consequently set aside.
Recovery of irregular or excess suo motu credit under Notification No. 39/2001-CE is treated as recovery of excise duty erroneously refunded where the credit is not reversed. The limitation applicable to erroneous refunds therefore governs such recovery. A recovery notice issued more than five years after credit was taken was time-barred, rendering the related demand, interest and penalty unsustainable. Annual differential-duty credit taken after submission of the prescribed statement and prolonged inaction by the jurisdictional officer was treated as compliant with the notification. Revenue authorities' cited decisions on different forms of suo motu adjustment or refund did not apply. The impugned order was consequently set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
