Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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