Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
Assessee's project-completion revenue recognition upheld; income addition deleted under Guidance Note/AS-9 and percentage-completion rules as complian...
The HC dismisses the Revenue's appeals and affirms the CESTAT's order. The CESTAT's factual findings that the impugned skin-barrier micropore surgical tapes are not within Notification No.21/2002-Cus are sustained, including reliance on additional material placed before the Tribunal. The Court holds the extended limitation under s.28(4) is not attracted absent proved collusion, willful misstatement or suppression, hence the show-cause notice could not cover the extended period; corresponding duty and penalty under s.114A are therefore not leviable. The Court declines to opine on a separate CESTAT bench decision and rejects the Revenue's challenge to the self-assessment finding for want of pleaded perversity. Appeals dismissed.
The HC dismisses the Revenue's appeals and affirms the CESTAT's order. The CESTAT's factual findings that the impugned skin-barrier micropore surgical tapes are not within Notification No.21/2002-Cus are sustained, including reliance on additional material placed before the Tribunal. The Court holds the extended limitation under s.28(4) is not attracted absent proved collusion, willful misstatement or suppression, hence the show-cause notice could not cover the extended period; corresponding duty and penalty under s.114A are therefore not leviable. The Court declines to opine on a separate CESTAT bench decision and rejects the Revenue's challenge to the self-assessment finding for want of pleaded perversity. Appeals dismissed.
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