Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examinat...
FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
An assessment order rejecting input tax credit under Section 74 was quashed because the petitioner was not afforded a proper personal hearing and the show cause notice was found to be vague. The Court accepted that the authorised representative had been sent to another officer for document verification rather than being effectively heard, and held that one more meaningful opportunity of hearing was required. It also held that the notice did not sufficiently disclose the specific allegations later relied on in the order, impairing the petitioner's ability to respond. The matter was remitted for fresh consideration after hearing the petitioner and permitting additional documents.
An assessment order rejecting input tax credit under Section 74 was quashed because the petitioner was not afforded a proper personal hearing and the show cause notice was found to be vague. The Court accepted that the authorised representative had been sent to another officer for document verification rather than being effectively heard, and held that one more meaningful opportunity of hearing was required. It also held that the notice did not sufficiently disclose the specific allegations later relied on in the order, impairing the petitioner's ability to respond. The matter was remitted for fresh consideration after hearing the petitioner and permitting additional documents.
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