Fraudulently obtained SEIS scrips cannot support customs exemption; recovery, confiscation and penalties were sustained, but employee penalty fell awa...
Quashing of ex parte assessment order and remand for fresh adjudication on merits subject to a pre-deposit regime is directed; HC requires the assessee to deposit between 25% and 100% of disputed tax depending on delay, with the present case requiring one-third as pre-deposit, and mandates vacation of bank attachment upon compliance. Prior payments or recoveries shall be set off against the pre-deposit. Failure to comply permits the revenue to resume recovery proceedings as if the petition were dismissed. Writ petition disposed accordingly.
Quashing of ex parte assessment order and remand for fresh adjudication on merits subject to a pre-deposit regime is directed; HC requires the assessee to deposit between 25% and 100% of disputed tax depending on delay, with the present case requiring one-third as pre-deposit, and mandates vacation of bank attachment upon compliance. Prior payments or recoveries shall be set off against the pre-deposit. Failure to comply permits the revenue to resume recovery proceedings as if the petition were dismissed. Writ petition disposed accordingly.
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