Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
The dominant issue was whether the statutory pre-consultation process prescribed by CBIC Circular No. 1053/02/2017-CX is mandatory before issuance of show cause notices and adjudication, including cases invoking the extended period for alleged suppression or fraud. Relying on binding force of CBIC circulars and prior HC precedent, the Court held pre-consultation is not an empty formality and cannot be excluded merely because extended limitation is alleged, since such invocation depends on disputed factual determinations requiring evidence and hearing. Consequently, the impugned show cause notices and assessment/adjudication orders were quashed and the proceedings were revived from the pre-consultation stage - HC
The dominant issue was whether the statutory pre-consultation process prescribed by CBIC Circular No. 1053/02/2017-CX is mandatory before issuance of show cause notices and adjudication, including cases invoking the extended period for alleged suppression or fraud. Relying on binding force of CBIC circulars and prior HC precedent, the Court held pre-consultation is not an empty formality and cannot be excluded merely because extended limitation is alleged, since such invocation depends on disputed factual determinations requiring evidence and hearing. Consequently, the impugned show cause notices and assessment/adjudication orders were quashed and the proceedings were revived from the pre-consultation stage - HC
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