Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
Sustainability of supplementary Show Cause Notice, prior to insertion of second proviso to Section 124 of the Customs Act, 1962 w.e.f 29.03.2018 - The High Court observed that prior to the insertion of the second proviso to Section 124 of the Customs Act, the authority to issue supplementary show cause notices was implicit and inbuilt in the act. The second proviso, added in 2018, was declaratory of the existing law, suggesting its retrospective application. - The court concluded that the supplementary show cause notice issued on 18.05.2017, despite being termed "supplementary," should be treated as an independent notice due to the emergence of new facts during the investigation. - The court decided in favor of the appellant (Revenue), setting aside the order of the tribunal and restoring the order of the adjudicating authority.
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