Condonation of delay permits statutory appeal restoration where inadequate service explanation prevented consideration of reassessment and taxable-inc...
Limitation in customs appeals permits exclusion for bona fide refund proceedings, enabling restoration of Bill of Entry assessment challenges on merit...
Warehousing permission requires deposit at the designated bonded warehouse; unauthorised diversion triggers confiscation, redemption fine and importer...
Naphtha procured under exemption notifications for use in the manufacture of fertilizer or ammonia qualified for concessional or nil duty when the goods were intended for that use, even if a portion of the input was diverted to electricity generation that also supported the fertiliser plant. The Court held that the notifications required proof of intended use, not exclusive actual end-use in every downstream stage, so the duty demand on alleged non-eligible use failed. On limitation, extended period invocation required deliberate suppression, fraud, collusion, wilful misstatement, or contravention with intent to evade duty; those elements were absent, the matter was interpretational, and the dispute was revenue neutral. The demand and penalty were therefore time-barred.
Naphtha procured under exemption notifications for use in the manufacture of fertilizer or ammonia qualified for concessional or nil duty when the goods were intended for that use, even if a portion of the input was diverted to electricity generation that also supported the fertiliser plant. The Court held that the notifications required proof of intended use, not exclusive actual end-use in every downstream stage, so the duty demand on alleged non-eligible use failed. On limitation, extended period invocation required deliberate suppression, fraud, collusion, wilful misstatement, or contravention with intent to evade duty; those elements were absent, the matter was interpretational, and the dispute was revenue neutral. The demand and penalty were therefore time-barred.
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