Inaccurate-particulars penalties fail where transfer-pricing documentation shows good faith and due diligence, and underlying capital-gains additions ...
Transfer-pricing tolerance for software sub-licensing falls within the services range, eliminating the adjustment and requiring TDS-credit verificatio...
Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
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The High Court quashed the show cause notices and the impugned order, holding that the adjudicating authority lacked jurisdiction to issue notices u/s 28(4) of the Customs Act. The Court observed that there were no allegations of willful misstatement, collusion or suppression of facts by the petitioner. The respondents failed to establish any suppression of material facts before issuing the show cause notices. The petitioner had submitted all relevant documents during the inquiry, and the inability to reconcile LNG quantities in the Bills of Entry with regasified natural gas supplied through pipelines was due to technical reasons. Consequently, the extended period of limitation u/s 28(4) could not be invoked, vitiating the entire proceedings pursuant to the show cause notices.
The High Court quashed the show cause notices and the impugned order, holding that the adjudicating authority lacked jurisdiction to issue notices u/s 28(4) of the Customs Act. The Court observed that there were no allegations of willful misstatement, collusion or suppression of facts by the petitioner. The respondents failed to establish any suppression of material facts before issuing the show cause notices. The petitioner had submitted all relevant documents during the inquiry, and the inability to reconcile LNG quantities in the Bills of Entry with regasified natural gas supplied through pipelines was due to technical reasons. Consequently, the extended period of limitation u/s 28(4) could not be invoked, vitiating the entire proceedings pursuant to the show cause notices.
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