GST payment representations require record-based, reasoned decisions while substantive entitlement remains open for determination by competent authori...
Reassessment sanction under extended limitation required approval from the competent specified authority, invalidating proceedings approved by an inco...
Internal CUP benchmarking for fixed-rate Masala Bonds prevails over floating external comparables, eliminating the related transfer-pricing adjustment...
Jurisdictional validity of revision notices: incorrect official capacity and mere change of opinion invalidate revision of property income assessments...
Extended limitation for customs duty under Section 28(4) requires material showing collusion, wilful misstatement or suppression causing short-payment; a subsequent departmental view on classification or exemption is insufficient. Disclosure of the goods description, classification and exemption claim in the Bill of Entry, accepted by the proper officer, did not establish concealment, false declaration or deliberate suppression to evade differential IGST on imported rice bran. The demand was therefore set aside without determining the correct classification or IGST liability, while preserving timely action permitted by law. Writ jurisdiction remains available despite a statutory appeal where extended-period jurisdictional conditions are unmet.
Extended limitation for customs duty under Section 28(4) requires material showing collusion, wilful misstatement or suppression causing short-payment; a subsequent departmental view on classification or exemption is insufficient. Disclosure of the goods description, classification and exemption claim in the Bill of Entry, accepted by the proper officer, did not establish concealment, false declaration or deliberate suppression to evade differential IGST on imported rice bran. The demand was therefore set aside without determining the correct classification or IGST liability, while preserving timely action permitted by law. Writ jurisdiction remains available despite a statutory appeal where extended-period jurisdictional conditions are unmet.
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