Condonation of delay in filing GSTR-3B returns and entitlement to Section 62 benefit results in withdrawal of assessments and revocation of attachment...
Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
The HC held that a post-import obligation under an exemption notification may continue after rescission, and Section 159A can preserve action despite withdrawal or modification of the notification, but only within the statutory limitation period. Proceedings for confiscation, fine in lieu of confiscation, and penalty remained subject to Section 28 limitation. Because the show cause notice was issued beyond five years from the relevant date, the penal proceedings were time-barred and could not be sustained. The court distinguished the cited precedent on the ground that the notice there had been issued within time.
The HC held that a post-import obligation under an exemption notification may continue after rescission, and Section 159A can preserve action despite withdrawal or modification of the notification, but only within the statutory limitation period. Proceedings for confiscation, fine in lieu of confiscation, and penalty remained subject to Section 28 limitation. Because the show cause notice was issued beyond five years from the relevant date, the penal proceedings were time-barred and could not be sustained. The court distinguished the cited precedent on the ground that the notice there had been issued within time.
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