Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
HC allowed the writ petition challenging dismissal of rectification application concerning ITC entitlement under TNGST/CGST Act 2017. Court found petitioner established prima facie case for interference, noting amendments to Section 16 and potential limitation issues under Section 14 of Limitation Act 1963 favoring petitioner. HC observed respondent summarily rejected rectification application against assessment order without proper discussion or consideration of merits. Consequently, HC quashed the impugned order and directed respondent to pass fresh order after examining petitioner's submissions on merits. Petition disposed of with directions for reconsideration.
HC allowed the writ petition challenging dismissal of rectification application concerning ITC entitlement under TNGST/CGST Act 2017. Court found petitioner established prima facie case for interference, noting amendments to Section 16 and potential limitation issues under Section 14 of Limitation Act 1963 favoring petitioner. HC observed respondent summarily rejected rectification application against assessment order without proper discussion or consideration of merits. Consequently, HC quashed the impugned order and directed respondent to pass fresh order after examining petitioner's submissions on merits. Petition disposed of with directions for reconsideration.
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