Petition dismissed; petitioner allowed to submit detailed disclosures and documents for re-consideration; notices for 2019-23 may be adjudicated on me...
Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
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CESTAT held that the Revenue could not invoke the extended period of limitation and that penalty under Section 78 was unsustainable, dismissing the appeal. The Tribunal found prior adjudication by an earlier SCN and failure by Revenue to issue a timely Statement of Demand under Section 73A, precluding issuance of a subsequent SCN for the same issue; there was no evidence of deliberate suppression or mala fide conduct by the Appellant to evade tax. Consequently the extended limitation period could not be availed and attendant penalties were set aside; the appeal lacked merit and was dismissed.
CESTAT held that the Revenue could not invoke the extended period of limitation and that penalty under Section 78 was unsustainable, dismissing the appeal. The Tribunal found prior adjudication by an earlier SCN and failure by Revenue to issue a timely Statement of Demand under Section 73A, precluding issuance of a subsequent SCN for the same issue; there was no evidence of deliberate suppression or mala fide conduct by the Appellant to evade tax. Consequently the extended limitation period could not be availed and attendant penalties were set aside; the appeal lacked merit and was dismissed.
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