Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Drawback recovery under Rules 16/16A cannot be used to amend shipping bill values because once goods are exported and shipping bills assessed, assessment can be modified only by specified statutory methods (appeal, demand notice, finalization of provisional assessment, amendment, or error correction), none of which applied here; therefore execution style drawback proceedings cannot alter declared values. Bank Realisation Certificates issued and not withdrawn establish receipt of remittances for the invoices and preclude recovery of drawback. Goods already exported are not 'export goods' for confiscation, hence confiscation and penalties based on confiscation are inapplicable and the impugned order is set aside.
Drawback recovery under Rules 16/16A cannot be used to amend shipping bill values because once goods are exported and shipping bills assessed, assessment can be modified only by specified statutory methods (appeal, demand notice, finalization of provisional assessment, amendment, or error correction), none of which applied here; therefore execution style drawback proceedings cannot alter declared values. Bank Realisation Certificates issued and not withdrawn establish receipt of remittances for the invoices and preclude recovery of drawback. Goods already exported are not 'export goods' for confiscation, hence confiscation and penalties based on confiscation are inapplicable and the impugned order is set aside.
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