Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The petitioner challenged the order imposing tax liability and penalty for wrongful availment of CENVAT credit, alleging violation of principles of natural justice and non-consideration of explanations. The HC quashed the order, observing non-application of mind by authorities, non-production of relied-upon documents to petitioner, and failure to examine petitioner's explanations supported by expert opinions regarding use of raw materials in manufacturing process. The HC directed authorities to examine fabrics, provide report copy to petitioner, grant fair hearing opportunity, and pass reasoned order, upholding principles of audi alteram partem and concluding severe prejudice caused to petitioner due to lack of proper hearing.
The petitioner challenged the order imposing tax liability and penalty for wrongful availment of CENVAT credit, alleging violation of principles of natural justice and non-consideration of explanations. The HC quashed the order, observing non-application of mind by authorities, non-production of relied-upon documents to petitioner, and failure to examine petitioner's explanations supported by expert opinions regarding use of raw materials in manufacturing process. The HC directed authorities to examine fabrics, provide report copy to petitioner, grant fair hearing opportunity, and pass reasoned order, upholding principles of audi alteram partem and concluding severe prejudice caused to petitioner due to lack of proper hearing.
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