Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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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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