Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
CESTAT allowed the appeal filed by the exporter (A) and set aside the order of the Commissioner of Customs (Export), Air Cargo Complex, Mumbai, which had denied drawback and ordered recovery under Rule 17 of the Customs and Central Excise Drawback Rules, 2017 read with Section 75(1) of the Customs Act. Relying on the binding precedent of the jurisdictional HC and the clarificatory Circular of CBIC on activation/unlocking of mobile phones prior to export, CESTAT held that the Department's view that the goods were "taken into use" was untenable. CESTAT further held that issuance of the SCN on 26.03.2024, after an unexplained delay of over four years from investigation, was unjustified, rendering the SCN liable to be quashed.
CESTAT allowed the appeal filed by the exporter (A) and set aside the order of the Commissioner of Customs (Export), Air Cargo Complex, Mumbai, which had denied drawback and ordered recovery under Rule 17 of the Customs and Central Excise Drawback Rules, 2017 read with Section 75(1) of the Customs Act. Relying on the binding precedent of the jurisdictional HC and the clarificatory Circular of CBIC on activation/unlocking of mobile phones prior to export, CESTAT held that the Department's view that the goods were "taken into use" was untenable. CESTAT further held that issuance of the SCN on 26.03.2024, after an unexplained delay of over four years from investigation, was unjustified, rendering the SCN liable to be quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4915 
