Export obligation removed by notification, customs duty demand invalidated; penalties under s.112 and s.114AA quashed due to inadmissible s.108 statem...
Customs officers must wear and use department-issued body-worn cameras when clearing passenger baggage, with daily secure transfer and 30-day retentio...
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The HC allowed the writ petitions and quashed and set aside the impugned show-cause notices issued to the petitioners dated 13.02.2025 and 23.05.2025. The court held the notices under Rule 4(2) read with s.31 of the GVAT Act lacked any communicated opinion or tangible material evidencing turnover escaping assessment, amounting to impermissible reopening and review in the absence of cogent grounds; further the reassessment demands were time-barred under the statutory eight-year limitation. Separately, provisions conferring unfettered discretion (notably s.6 and the exemption in s.22) were declared constitutionally invalid for constituting uncanalised, arbitrary delegation of taxing power without guiding principles or safeguards.
The HC allowed the writ petitions and quashed and set aside the impugned show-cause notices issued to the petitioners dated 13.02.2025 and 23.05.2025. The court held the notices under Rule 4(2) read with s.31 of the GVAT Act lacked any communicated opinion or tangible material evidencing turnover escaping assessment, amounting to impermissible reopening and review in the absence of cogent grounds; further the reassessment demands were time-barred under the statutory eight-year limitation. Separately, provisions conferring unfettered discretion (notably s.6 and the exemption in s.22) were declared constitutionally invalid for constituting uncanalised, arbitrary delegation of taxing power without guiding principles or safeguards.
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