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...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
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The article addresses limitation on rectification petitions under the statutory four year bar, reasoning that prolonged inaction (nine years) evidences negligence and lack of bona fides and therefore no sufficient cause exists to permit amendment; the earlier authority's dismissal on that ground is endorsed. It separately notes that a short procedural delay in instituting appeals before the Tribunal (12 days) was condoned, but emphasizes that such condonation does not cure the longer statutory bar to rectification, resulting in dismissal of the appeals affected by the inordinate delay.
The article addresses limitation on rectification petitions under the statutory four year bar, reasoning that prolonged inaction (nine years) evidences negligence and lack of bona fides and therefore no sufficient cause exists to permit amendment; the earlier authority's dismissal on that ground is endorsed. It separately notes that a short procedural delay in instituting appeals before the Tribunal (12 days) was condoned, but emphasizes that such condonation does not cure the longer statutory bar to rectification, resulting in dismissal of the appeals affected by the inordinate delay.
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