Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Extended period of limitation under customs and IGST law is available only where suppression, wilful misstatement, collusion or fraud is established. Here, the Tribunal found that the Bill of Entry disclosed the classification, notification number, serial number and applied IGST rate, and treated the dispute as one of interpretation over the applicable IGST rate rather than concealment. It also held the matter revenue neutral because the importer could avail input tax credit of any additional IGST paid. The demand was therefore held time-barred and unsustainable, without examining the merits of the IGST rate.
Extended period of limitation under customs and IGST law is available only where suppression, wilful misstatement, collusion or fraud is established. Here, the Tribunal found that the Bill of Entry disclosed the classification, notification number, serial number and applied IGST rate, and treated the dispute as one of interpretation over the applicable IGST rate rather than concealment. It also held the matter revenue neutral because the importer could avail input tax credit of any additional IGST paid. The demand was therefore held time-barred and unsustainable, without examining the merits of the IGST rate.
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