Misdeclaration of quantity rejected where supplier evidence established counting errors, so reassessment, confiscation and redemption fine were set as...
Admissibility of electronic evidence controls valuation and penalty exposure; non compliant e records and statements nullify revaluation and penalties...
Invocation by legal notice was held sufficient to sustain a guarantee invocation application, and the Adjudicating Authority's rejection for lack of a demand notice was quashed. The interim moratorium principle was applied to commence from filing of the guarantee invocation application, so defects alleged by the auction purchaser did not prevent moratorium. Documentary shortfalls (income-tax returns) were found not to render the petition defective, and the petition was reinstated. The Adjudicating Authority was directed to exercise jurisdiction and pass fresh orders under the revival provision without delay.
Invocation by legal notice was held sufficient to sustain a guarantee invocation application, and the Adjudicating Authority's rejection for lack of a demand notice was quashed. The interim moratorium principle was applied to commence from filing of the guarantee invocation application, so defects alleged by the auction purchaser did not prevent moratorium. Documentary shortfalls (income-tax returns) were found not to render the petition defective, and the petition was reinstated. The Adjudicating Authority was directed to exercise jurisdiction and pass fresh orders under the revival provision without delay.
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