Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Rule 86A may be invoked only where credit in the electronic...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insufficient.
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
Rule 86A may be invoked only where credit in the electronic credit ledger has been fraudulently availed or is otherwise ineligible under the rule's specified conditions (for example, documents from a non-existent person, no receipt of goods/services, tax not paid, recipient non-existent, or lack of prescribed documents); where allegations concern only wrongful availment by the recipient of invoices and not fraudulent availment or ineligibility by the invoicing taxpayer, Rule 86A cannot be validly applied. Applying that principle, the notice invoking Rule 86A against the petitioner was without jurisdiction and the blocked electronic credit ledger must be unblocked, with other departmental contentions left open.
Rule 86A may be invoked only where credit in the electronic credit ledger has been fraudulently availed or is otherwise ineligible under the rule's specified conditions (for example, documents from a non-existent person, no receipt of goods/services, tax not paid, recipient non-existent, or lack of prescribed documents); where allegations concern only wrongful availment by the recipient of invoices and not fraudulent availment or ineligibility by the invoicing taxpayer, Rule 86A cannot be validly applied. Applying that principle, the notice invoking Rule 86A against the petitioner was without jurisdiction and the blocked electronic credit ledger must be unblocked, with other departmental contentions left open.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
