Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
The case involved a dispute regarding the demand of duty on imported inputs used for final products exempted from duty u/s 3 of N/N. 52/2003-Cus. The Tribunal held that demand u/s 28(4) of Customs Act, 1962 with extended period was not sustainable. The appellant's belief in eligibility for Cenvat credit and favorable Tribunal decisions supported the conclusion. The demand for the extended period was set aside, and only duty for the normal period was upheld. The imposition of penalty u/s 114A was deemed legally unsustainable. The appeal was allowed in favor of the appellant.
The case involved a dispute regarding the demand of duty on imported inputs used for final products exempted from duty u/s 3 of N/N. 52/2003-Cus. The Tribunal held that demand u/s 28(4) of Customs Act, 1962 with extended period was not sustainable. The appellant's belief in eligibility for Cenvat credit and favorable Tribunal decisions supported the conclusion. The demand for the extended period was set aside, and only duty for the normal period was upheld. The imposition of penalty u/s 114A was deemed legally unsustainable. The appeal was allowed in favor of the appellant.
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