Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
Validity of a show cause notice issued under s.74 of the CGST Act turned on whether the department established fraud, wilful misstatement, or suppression as the causal basis for short payment/ITC irregularity. The court held that s.74 is jurisdictionally invocable only where such culpable intent is traceable; a notice lacking these foundational allegations and supporting material is without jurisdiction and liable to be set aside. On facts, the taxpayer had voluntarily intimated its intent to pay the shortfall prior to the enforcement investigation, negating any inference of fraud or suppression; consequently, denial of ITC by invoking the s.39(9) embargo did not arise. The notice was quashed and the petition allowed - HC
Validity of a show cause notice issued under s.74 of the CGST Act turned on whether the department established fraud, wilful misstatement, or suppression as the causal basis for short payment/ITC irregularity. The court held that s.74 is jurisdictionally invocable only where such culpable intent is traceable; a notice lacking these foundational allegations and supporting material is without jurisdiction and liable to be set aside. On facts, the taxpayer had voluntarily intimated its intent to pay the shortfall prior to the enforcement investigation, negating any inference of fraud or suppression; consequently, denial of ITC by invoking the s.39(9) embargo did not arise. The notice was quashed and the petition allowed - HC
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