Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
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.
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