Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Revocation of a customs broker licence was set aside because the decision-maker disagreed with an inquiry report that had exonerated the broker but failed to record and communicate the adverse reasons or material supporting that disagreement and did not afford the broker an opportunity to reply. The note emphasises that while an inquiry report is not binding, principles of natural justice require disclosure of reasons for disagreement and a chance to rebut; absence of such communication renders the revocation order procedurally infirm and led to allowance of the appeal.
Revocation of a customs broker licence was set aside because the decision-maker disagreed with an inquiry report that had exonerated the broker but failed to record and communicate the adverse reasons or material supporting that disagreement and did not afford the broker an opportunity to reply. The note emphasises that while an inquiry report is not binding, principles of natural justice require disclosure of reasons for disagreement and a chance to rebut; absence of such communication renders the revocation order procedurally infirm and led to allowance of the appeal.
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