Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Extended period of limitation for duty recovery requires...
Extended limitation requires willful misstatement or suppression with intent to evade; mere misclassification does not sustain confiscation or penalty.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Extended period of limitation for duty recovery requires non-payment or short-payment to result from collusion or willful misstatement or active suppression by the importer with intent to evade; mere mis classification or omission during self assessment does not suffice. Applying that principle, the action invoking extended limitation was unsupported and so was the penalty founded on the same elements. Misclassification in the bill of entry does not justify confiscation of the goods or a redemption fine where the discrepancy concerns tariff classification rather than the nature of the goods. The demand for duty with interest was sustained only within the normal limitation period.
Extended period of limitation for duty recovery requires non-payment or short-payment to result from collusion or willful misstatement or active suppression by the importer with intent to evade; mere mis classification or omission during self assessment does not suffice. Applying that principle, the action invoking extended limitation was unsupported and so was the penalty founded on the same elements. Misclassification in the bill of entry does not justify confiscation of the goods or a redemption fine where the discrepancy concerns tariff classification rather than the nature of the goods. The demand for duty with interest was sustained only within the normal limitation period.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
