Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Mandatory issuance of a show cause notice is required before any confiscation; failure to issue such notice violated principles of natural justice and led to quashing of the confiscation order with remittal for fresh consideration. Factual disputes concerning the validity and character of the seizure under the Customs law and whether detention arose from non-declaration or non-payment of duty were left for respondents to reconsider. The affected party may treat the order as a show cause notice, submit a reply within two weeks, receive three personal hearings, and respondents must pass a final speaking order within twelve weeks while goods remain undisturbed.
Mandatory issuance of a show cause notice is required before any confiscation; failure to issue such notice violated principles of natural justice and led to quashing of the confiscation order with remittal for fresh consideration. Factual disputes concerning the validity and character of the seizure under the Customs law and whether detention arose from non-declaration or non-payment of duty were left for respondents to reconsider. The affected party may treat the order as a show cause notice, submit a reply within two weeks, receive three personal hearings, and respondents must pass a final speaking order within twelve weeks while goods remain undisturbed.
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