Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing...
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...
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The CESTAT held that the benefit of Notification No. 21/2016-CUS (ADD) dated 31.05.2016 is not to be provided to the appellant. The invocation of the extended period of limitation u/s 28(4) of the Customs Act, 1962, and the consequent imposition of penalty u/s 114A of the Act were examined. The CESTAT found that the dispute related to bills of entry filed on 24.10.2016, 27.10.2016, and 31.01.2017, but the show cause notice was issued on 20.10.2021. All the relevant information was available in the import invoice and bill of lading at the time of filing the bills of entry. There was no suppression of facts by the appellant. Therefore, the ingredients to invoke the extended period u/s 28(4) were not available. The demand for the bills of entry dated 24.10.2016, 27.10.2016, and 31.01.2017 was time-barred as the show cause notice was issued much after the normal period of limitation.
The CESTAT held that the benefit of Notification No. 21/2016-CUS (ADD) dated 31.05.2016 is not to be provided to the appellant. The invocation of the extended period of limitation u/s 28(4) of the Customs Act, 1962, and the consequent imposition of penalty u/s 114A of the Act were examined. The CESTAT found that the dispute related to bills of entry filed on 24.10.2016, 27.10.2016, and 31.01.2017, but the show cause notice was issued on 20.10.2021. All the relevant information was available in the import invoice and bill of lading at the time of filing the bills of entry. There was no suppression of facts by the appellant. Therefore, the ingredients to invoke the extended period u/s 28(4) were not available. The demand for the bills of entry dated 24.10.2016, 27.10.2016, and 31.01.2017 was time-barred as the show cause notice was issued much after the normal period of limitation.
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