Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Page of 4816
Press 'Enter' after typing page number.
5461 to 5480 of 96301 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The Tribunal held that the extended period of limitation could not be invoked because the appellant had furnished records, the department knew of the takeover and examined the documents, and suppression or fraud was not established; the duty demand was therefore time-barred. It further held that the area-based exemption was wrongly denied, since the notification did not prohibit manufacture of new products, expansion with new machinery, shifting of the unit within the eligible area, or transfer of ownership. Statements recorded under section 14 were inadmissible because the section 9D procedure was not followed, and the penalties under rules 25 and 26 also failed for want of the required factual findings.
The Tribunal held that the extended period of limitation could not be invoked because the appellant had furnished records, the department knew of the takeover and examined the documents, and suppression or fraud was not established; the duty demand was therefore time-barred. It further held that the area-based exemption was wrongly denied, since the notification did not prohibit manufacture of new products, expansion with new machinery, shifting of the unit within the eligible area, or transfer of ownership. Statements recorded under section 14 were inadmissible because the section 9D procedure was not followed, and the penalties under rules 25 and 26 also failed for want of the required factual findings.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
