Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
Recovery of duty foregone - non-fulfillment of export obligation - non-installation of the capital goods and consequent non-fulfilment of post-importation condition - The Tribunal observed that the imported goods were not installed as they were stored pending land acquisition for setting up a manufacturing facility. The appellant claimed to have fulfilled the export obligation within the extended time frame but failed to provide evidence of exports after installation. It was noted that the extension of time for installation did not automatically extend the deadline for fulfilling the export obligation. - The Tribunal deemed the confirmation of duty liability reasonable due to non-fulfillment of the export obligation within the prescribed period. - However matter remanded back for a fresh decision considering all relevant factors, including evidence of exports and entitlement to depreciation based on export performance.
Recovery of duty foregone - non-fulfillment of export obligation - non-installation of the capital goods and consequent non-fulfilment of post-importation condition - The Tribunal observed that the imported goods were not installed as they were stored pending land acquisition for setting up a manufacturing facility. The appellant claimed to have fulfilled the export obligation within the extended time frame but failed to provide evidence of exports after installation. It was noted that the extension of time for installation did not automatically extend the deadline for fulfilling the export obligation. - The Tribunal deemed the confirmation of duty liability reasonable due to non-fulfillment of the export obligation within the prescribed period. - However matter remanded back for a fresh decision considering all relevant factors, including evidence of exports and entitlement to depreciation based on export performance.
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