Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
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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