Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
CESTAT reiterated that the extended period of limitation could not be invoked where the department already knew of the exports and MEIS benefit claims from an earlier show cause notice on the same products and period; suppression and wilful misstatement were therefore not made out. It also held that customs could not deny or recover MEIS benefits while the scrips remained uncancelled, since DGFT had not completed cancellation proceedings. On both limitation and merits, the impugned demand and recovery action were unsustainable, and the appeal was allowed with consequential relief.
CESTAT reiterated that the extended period of limitation could not be invoked where the department already knew of the exports and MEIS benefit claims from an earlier show cause notice on the same products and period; suppression and wilful misstatement were therefore not made out. It also held that customs could not deny or recover MEIS benefits while the scrips remained uncancelled, since DGFT had not completed cancellation proceedings. On both limitation and merits, the impugned demand and recovery action were unsustainable, and the appeal was allowed with consequential relief.
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