Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
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Board circulars are binding on the Department; beneficial clarifications apply retrospectively while adverse clarifications operate prospectively, so clearances made under CBEC Circular No.924/2010 cannot be subjected to retrospective duty for the pre-15.05.2014 period and that demand is unsustainable. Extended limitation for post-15.05.2014 recovery requires fraud, suppression or wilful misstatement, which the Department failed to establish, rendering the post-15.05.2014 demand time barred. Consequential penalties under penalty provisions are set aside where the duty demand fails and no deliberate contumacious conduct is shown. Recovery under the statute for amounts collected is remanded only for limited verification and appropriation of any shortfall.
Board circulars are binding on the Department; beneficial clarifications apply retrospectively while adverse clarifications operate prospectively, so clearances made under CBEC Circular No.924/2010 cannot be subjected to retrospective duty for the pre-15.05.2014 period and that demand is unsustainable. Extended limitation for post-15.05.2014 recovery requires fraud, suppression or wilful misstatement, which the Department failed to establish, rendering the post-15.05.2014 demand time barred. Consequential penalties under penalty provisions are set aside where the duty demand fails and no deliberate contumacious conduct is shown. Recovery under the statute for amounts collected is remanded only for limited verification and appropriation of any shortfall.
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