Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Diversion of EPCG-imported capital goods to vendors' premises and non-endorsement of supporting manufacturers was held not to breach substantive EPCG conditions where there was no allegation of sale, transfer, or other impermissible disposal and the export obligation was stated to be fulfilled; DGFT's post facto approval for inclusion of supporting manufacturers bound Customs, and the remaining notification conditions were treated as compliance safeguards, so duty demand was unsustainable. Alleged misdeclaration under s.114AA failed as the notice did not establish any intentional false statement or document, so penalty was not imposable. Extended limitation was rejected because clearance under bond kept the obligation live, enabling issuance of notice upon non-production of discharge certificate, but the Revenue's appeal still failed on merits and was dismissed. - CESTAT
Diversion of EPCG-imported capital goods to vendors' premises and non-endorsement of supporting manufacturers was held not to breach substantive EPCG conditions where there was no allegation of sale, transfer, or other impermissible disposal and the export obligation was stated to be fulfilled; DGFT's post facto approval for inclusion of supporting manufacturers bound Customs, and the remaining notification conditions were treated as compliance safeguards, so duty demand was unsustainable. Alleged misdeclaration under s.114AA failed as the notice did not establish any intentional false statement or document, so penalty was not imposable. Extended limitation was rejected because clearance under bond kept the obligation live, enabling issuance of notice upon non-production of discharge certificate, but the Revenue's appeal still failed on merits and was dismissed. - CESTAT
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