Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
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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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