Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Self-assessed Bills of Entry attain finality unless challenged within the statutory appellate period. The Tribunal held that reassessment under Section 17(5) applies only where departmental verification, examination, testing or similar scrutiny shows the self-assessment to be incorrect; a later allegation of short shipment, raised about two years after clearance, could not reopen a concluded assessment. It further held that refund proceedings cannot be used as a substitute for appeal or as a fresh assessment on merits. Because the importer did not timely challenge the assessment, and any belated challenge was beyond the condonable period, both reassessment and refund were rightly rejected.
Self-assessed Bills of Entry attain finality unless challenged within the statutory appellate period. The Tribunal held that reassessment under Section 17(5) applies only where departmental verification, examination, testing or similar scrutiny shows the self-assessment to be incorrect; a later allegation of short shipment, raised about two years after clearance, could not reopen a concluded assessment. It further held that refund proceedings cannot be used as a substitute for appeal or as a fresh assessment on merits. Because the importer did not timely challenge the assessment, and any belated challenge was beyond the condonable period, both reassessment and refund were rightly rejected.
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