Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Cancellation of registration under section 12A was challenged on grounds that the assessing officer treated non maintenance of books for business incidental to objects (clause (b) of the Explanation to section 12AB(4)) as the ground without issuing a show cause notice or hearing. The tribunal found clause (b) distinct from clause (e) (activity not genuine) and held absence of opportunity prejudicial; it admitted additional evidence sought by the assessee and set aside the cancellation order for de novo adjudication by the CIT(E) after considering the newly filed evidence. Appeal partly allowed and remand ordered.
Cancellation of registration under section 12A was challenged on grounds that the assessing officer treated non maintenance of books for business incidental to objects (clause (b) of the Explanation to section 12AB(4)) as the ground without issuing a show cause notice or hearing. The tribunal found clause (b) distinct from clause (e) (activity not genuine) and held absence of opportunity prejudicial; it admitted additional evidence sought by the assessee and set aside the cancellation order for de novo adjudication by the CIT(E) after considering the newly filed evidence. Appeal partly allowed and remand ordered.
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