Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Delay in filing customs appeals beyond the statutory period of 60 days, plus the further condonable 30 days, cannot be condoned by the Commissioner (Appeals). The Tribunal found the explanation for delay factually inadequate because the affidavits lacked specific particulars and dates, and the appellants had not consistently claimed that both partners were outside India. Relying on Singh Enterprises, it held that section 5 of the Limitation Act is excluded where the statute fixes the maximum condonable period. The appeals were therefore upheld as time-barred, and the Commissioner (Appeals) had no jurisdiction to entertain them.
Delay in filing customs appeals beyond the statutory period of 60 days, plus the further condonable 30 days, cannot be condoned by the Commissioner (Appeals). The Tribunal found the explanation for delay factually inadequate because the affidavits lacked specific particulars and dates, and the appellants had not consistently claimed that both partners were outside India. Relying on Singh Enterprises, it held that section 5 of the Limitation Act is excluded where the statute fixes the maximum condonable period. The appeals were therefore upheld as time-barred, and the Commissioner (Appeals) had no jurisdiction to entertain them.
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