Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
HC set aside an ex parte adjudication under Section 73 where the show cause notice raised factual disputes on return mismatches, excess input tax credit, supplier default, delayed tax payment and related interest. It held that the petitioner had to be heard on merits before such discrepancies were decided, especially where the petitioner claimed material existed to rebut the alleged defaults. Because allowing the order to stand would cause serious financial prejudice, the matter was remitted for fresh adjudication after affording an opportunity to respond, and the consequential bank attachment was directed to be withdrawn.
HC set aside an ex parte adjudication under Section 73 where the show cause notice raised factual disputes on return mismatches, excess input tax credit, supplier default, delayed tax payment and related interest. It held that the petitioner had to be heard on merits before such discrepancies were decided, especially where the petitioner claimed material existed to rebut the alleged defaults. Because allowing the order to stand would cause serious financial prejudice, the matter was remitted for fresh adjudication after affording an opportunity to respond, and the consequential bank attachment was directed to be withdrawn.
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