Incomplete BIS testing cannot justify reclassification or confiscatory action; declared customs classification restored and enhanced redemption fine s...
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The High Court reviewed a challenge to an assessment order, focusing on the violation of natural justice principles and the issue of input tax credit entitlement due to transactions with a non-existent supplier. The Court found that the respondent's conclusion about fake invoices lacked supporting details for the petitioner to counter. Additionally, the petitioner failed to provide necessary documentation like lorry receipts and weighment slips, impacting the fulfillment of Section 16(2)(b) requirements. The Court ordered reconsideration with the petitioner agreeing to remit 20% of the disputed tax demand for a remand, subject to existing credits. The impugned order was set aside, contingent on the petitioner remitting 20% of the disputed tax demand within three weeks.
The High Court reviewed a challenge to an assessment order, focusing on the violation of natural justice principles and the issue of input tax credit entitlement due to transactions with a non-existent supplier. The Court found that the respondent's conclusion about fake invoices lacked supporting details for the petitioner to counter. Additionally, the petitioner failed to provide necessary documentation like lorry receipts and weighment slips, impacting the fulfillment of Section 16(2)(b) requirements. The Court ordered reconsideration with the petitioner agreeing to remit 20% of the disputed tax demand for a remand, subject to existing credits. The impugned order was set aside, contingent on the petitioner remitting 20% of the disputed tax demand within three weeks.
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