Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
The case pertains to the recovery of customs duty in the form of IGST forgone during imports under the advance authorization scheme from October 2017 to November 2018. The appellant had fulfilled the pre-import condition in most cases, and in some cases, the bill of entry was re-assessed, and the appellant paid the IGST, which they did not contest as they were eligible for ITC under GST. The demand for IGST, along with interest, fine, and penalties, is deemed unsustainable as there was no mala fide on the appellant's part, and the penalty corresponding to the duty paid, which is not in contest, is also not sustainable on the ground of revenue neutrality. The issue involved the interpretation of the exemption notification on advance authorization, and the suppression of facts cannot be attributed to the appellant. Therefore, the extended period for demand is prima facie not invokable, and the appellant has made out a strong prima facie case on the time bar. The impugned order is unsustainable, and the appeal is allowed.
The case pertains to the recovery of customs duty in the form of IGST forgone during imports under the advance authorization scheme from October 2017 to November 2018. The appellant had fulfilled the pre-import condition in most cases, and in some cases, the bill of entry was re-assessed, and the appellant paid the IGST, which they did not contest as they were eligible for ITC under GST. The demand for IGST, along with interest, fine, and penalties, is deemed unsustainable as there was no mala fide on the appellant's part, and the penalty corresponding to the duty paid, which is not in contest, is also not sustainable on the ground of revenue neutrality. The issue involved the interpretation of the exemption notification on advance authorization, and the suppression of facts cannot be attributed to the appellant. Therefore, the extended period for demand is prima facie not invokable, and the appellant has made out a strong prima facie case on the time bar. The impugned order is unsustainable, and the appeal is allowed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
