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By: - DEV KUMAR KOTHARI
CASS-based limited scrutiny confines assessment inquiry to the identified and communicated risk issues. Expansion of that inquiry requires prior approval of the competent supervisory authority before assessment is completed. The article maintains that the original or duly enhanced scope binds the Assessing Officer and cannot be broadened through revisionary jurisdiction after completion of assessment. It further presents appellate enhancement and reassessment beyond the authorised CASS scope as impermissible, and notes that revision also requires independent establishment of an erroneous assessment order and prejudice to revenue.

Customs Act: ROM Cannot Become a Second Round on Merits
Articles Customs - Import - Export - SEZ
By: - Raj Jaggi
Rectification under Section 129C(2) of the Customs Act is confined to a manifest, self-evident mistake apparent from the record. It may correct an obvious omission, incorrect recording or failure to consider a material binding point, but cannot permit review, reappreciation of evidence or reconsideration of concluded legal issues. Challenges to reasonable belief, reverse burden, foreign origin, confiscation or redemption requiring detailed debate are matters for appellate remedy. Confiscation may rest independently on the character of the goods even where personal penalty is set aside on separate grounds.

Suspicion Is Not Proof under the Customs Act
Articles Customs - Import - Export - SEZ
By: - Raj Jaggi
Customs confiscation requires evidence establishing the statutory basis for treating goods or currency as connected with smuggling; suspicion cannot substitute proof. The reverse burden for notified goods arises only after foundational circumstances create a reasonable belief of smuggling. Purity, possession and foreign markings are relevant but not conclusive without corroboration. Currency confiscation requires a proven nexus with sale proceeds of smuggled goods. Absolute confiscation, denial of redemption and penalty require fact-based justification, while reliance on statements must satisfy fair-hearing requirements, including appropriate cross-examination.

INTERPRETATION OF 'REASON TO BELIEVE' IN GST
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
'Reason to believe' requires an objectively supportable, good-faith belief based on relevant facts and material, and is stronger than mere suspicion or subjective satisfaction. For inspection, search or arrest, the available material must bear a rational connection or live nexus to the belief and statutory purpose. Although conclusive proof is unnecessary at the initial stage, a bare assertion of satisfaction is insufficient. Judicial review may examine whether relevant grounds and a prima facie rational basis existed, without substituting the officer's assessment.

By: - YAGAY and SUN
GST refund eligibility for services supplied to overseas affiliates depends on whether the services are exports or intermediary services. The intermediary place-of-supply rule may prevent export status and refund benefits. Classification requires examination of service agreements, contractual obligations, the provider's actual role, statutory provisions, circulars, and applicable judicial principles; it cannot depend solely on service nomenclature. Refund rejection proceedings must provide a meaningful opportunity of hearing and a reasoned determination addressing material submissions and documents.

By: - YAGAY and SUN
GST search and seizure powers are subject to statutory limits. Cash found during a search cannot be seized merely because it is discovered; the proper officer must have recorded reasons to believe that it is liable to confiscation or useful or relevant to GST proceedings. The article further identifies the prescribed notice period for retention of seized items as a mandatory safeguard, subject only to valid statutory extension. It states that transfer of seized cash to another department also requires express legal authority, reinforcing the requirements of legality, recorded reasons and procedural compliance.

By: - YAGAY and SUN
Suspension Grade Polyvinyl Chloride Resin imports are moved from Free to Restricted status through a temporary Minimum Import Price mechanism. Imports above the prescribed CIF value remain freely permissible for six months, whereas lower-valued imports require compliance with applicable import licensing requirements. Export Oriented Units, Special Economic Zone units and Advance Authorisation imports are exempt, provided the inputs are not sold in the Domestic Tariff Area. The measure seeks to discourage low-priced imports while retaining input access for export-oriented manufacturing.

2026 (7) TMI 1928
Case Laws Indian Laws
Cheque-dishonour complaints require the claimant to be the payee or holder in due course with lawful entitlement.
Cheque-dishonour demand notices and complaints may be initiated only by the payee or a holder in due course. A claimant must be entitled in their own name to possess the cheque and recover its amount. The spouse of a deceased payee does not acquire that status merely by marriage where the cheque lacks an endorsement in the spouse's favour and no lawful authority establishes entitlement. A succession certificate, probate, letters of administration, or another judicial determination may establish authority to recover the amount and provide the drawer with a full discharge. Without such entitlement, cognizance of a cheque-dishonour complaint is legally barred.

2026 (7) TMI 1929
Case Laws Indian Laws
Cheque dishonour defences requiring evidence cannot support quashing, and impleading a proprietorship concern does not invalidate the complaint.
Disputed service of the statutory notice, the drawer's incarceration, and repeated presentation and dishonour of the cheque require evidentiary assessment at trial and remain matters of defence in cheque dishonour proceedings. The statutory presumption applicable to such proceedings continues to operate at the pre-trial stage. A proprietorship concern is not legally distinct from its proprietor in the manner of a company, so impleading the concern does not invalidate the complaint. Quashing was declined, leaving the applicant to raise legal and factual defences at trial.

2026 (7) TMI 1930
Case Laws Indian Laws
Voluntary cheque execution must be proved before presumptions of consideration and liability can apply in a disputed civil claim.
An acquittal in cheque-dishonour proceedings does not, by itself, create issue estoppel or res judicata against a civil money claim, because criminal guilt and civil liability are assessed under different standards of proof. Where cheque execution is specifically denied, proof of the drawer's signature alone is insufficient to trigger presumptions of consideration and liability. The claimant must first establish voluntary execution and delivery of the cheque as an operative instrument, supported by reliable evidence of the underlying transaction. Material inconsistencies concerning payment, completion, or delivery may prevent those presumptions from arising.

2026 (7) TMI 1931
Case Laws VAT / Sales Tax
Tax-evasion penalties require proven intent; fully disclosed goods in a bona fide classification dispute cannot justify check-post penalties.
Penalty for attempted tax evasion requires sufficient material and a specific finding of intent to evade. Full disclosure of mobile-phone accessories in stock-transfer invoices, despite their being taxed at the rate applicable to mobile phones, does not establish concealment or misdeclaration where classification remains genuinely disputed. Check-post authorities are directed to detecting patent evasion and should not decide disputed questions of classification, taxability or statutory interpretation through summary penalty proceedings. Such bona fide disputes ordinarily require determination by the assessing authority in regular assessment proceedings; penalty orders based solely on alleged evasion are unsustainable.

2026 (7) TMI 1932
Case Laws VAT / Sales Tax
Stay of coercive tax recovery continues until the partnership firm's pending statutory appeal is decided.
Coercive recovery against the petitioner was to remain stayed while the partnership firm's statutory appeal against the tax demand remained pending. Although the appeal was stated to be time-barred, recovery protection was considered appropriate until its decision, without examining the demand's merits or the parties' liability. No coercive action could be taken on the recovery letter until the statutory appeal was decided.

2026 (7) TMI 1933
Case Laws Central Excise
Related-party supplies require evidence of additional consideration before cost-based valuation can displace normal valuation for manufactured goods.
Supplies of MS pipes to an associated concern were governed by normal valuation rather than the cost-construction method because no evidence showed flow-back or additional consideration. An earlier determination involving identical supplies to the same associated concern had applied the normal valuation provision and rejected cost-based valuation under Rule 6(b)(ii); Revenue's challenge to that position had also failed. The identical issue and circumstances required the same treatment for the present manufacturing unit. Mere association between buyer and seller did not justify cost-based valuation, rendering the alleged undervaluation demand unsustainable.

2026 (7) TMI 1934
Case Laws Central Excise
Pre-amendment outward freight qualified as an input service, allowing CENVAT credit for dispatches from the factory premises.
Before 01.04.2008, the definition of input service covered services used directly or indirectly for clearance of final products from the place of removal and expressly included outward transportation from that place. Where a manufacturer paid freight for dispatch of final products from its factory premises, service tax on that outward freight qualified for CENVAT credit. The subsequent amendment replacing "from" with "upto" the place of removal did not apply to the earlier period. Accordingly, CENVAT credit was available on service tax paid on qualifying outward freight incurred before the amendment took effect.

2026 (7) TMI 1935
Case Laws Central Excise
Extended limitation requires proven suppression or fraud; disclosed suo motu refund credits cannot sustain a time-barred demand.
Extended limitation cannot be invoked to recover annual differential refund amounts taken as suo motu credit where the credits were disclosed in monthly duty-payment statements and separately communicated to the Department. As the Department did not dispute entitlement to the underlying refunds and possessed all material facts concerning the credits, no suppression, fraud, or mala fide intent to evade duty was established. The notice relying on the extended period was therefore time-barred, and the resulting demand proceedings were unsustainable.

2026 (7) TMI 1936
Case Laws Central Excise
Extended limitation, alkaloid classification and related-party valuation fail where disclosure and statutory evidentiary requirements are unmet.
Extended limitation for central excise recovery requires suppression or misstatement; consistent disclosure of Nicotine Sulphate's manufacture and Chapter 29 classification in ER-1 returns does not support its invocation. Nicotine Sulphate is described as a vegetable alkaloid derivative classifiable under CTH 29399900, as the Chapter 29 exception for alkaloids applies despite the general requirement of separate chemical definition. The analysis also questions reliance on delayed third-party sample testing and classification opinions by chemical examiners. Related-party valuation requires evidence meeting the statutory test; a common individual's roles in the supplier and purchaser alone do not establish that relationship or justify cost-based valuation.

2026 (7) TMI 1937
Case Laws Central Excise
Bail in excise evasion allegations requires individual assessment, not automatic denial merely because the alleged offence is economic.
Bail in alleged clandestine manufacture and central excise duty evasion depends on individual circumstances rather than the economic-offence label alone. Where the offences carry imprisonment up to five years, are triable by a Magistrate, the complaint has been filed, charges have been framed, co-accused have received bail, and material witnesses are official witnesses, continued detention may not be necessary. Personal liberty and applicable bail safeguards require a case-specific assessment. The applicant was entitled to bail.

2026 (7) TMI 1938
Case Laws Central Excise
Notice of hearing is mandatory when no judicial order fixes a new date after the scheduled Bench does not sit.
Rule 18(1) requires the Tribunal to notify parties of the date and place of hearing. Dispensing with individual adjournment notices through uploaded judicial orders applies only where an order discloses the adjourned date. Where no two-member Bench sat on the scheduled date and no judicial order fixed or uploaded a later date, the non-sitting does not amount to an adjournment under Rule 24. A party is entitled to fresh notice of the next hearing date and need not ascertain it from weekly cause lists. An ex parte order made in these circumstances is without due opportunity of hearing.

2026 (7) TMI 1939
Case Laws Central Excise
Service taxability determinations concern duty rate questions, placing CESTAT appeals exclusively before the Supreme Court.
Determination of a service's taxability is treated as a question relating to the rate of excise duty for appellate jurisdiction. An appeal from CESTAT on that issue is therefore not maintainable before the High Court under Section 35G of the Central Excise Act, 1944; the statutory remedy lies before the Supreme Court under Section 35L. A contrary authority did not address High Court maintainability and provided no basis to depart from the binding Division Bench position.

2026 (7) TMI 1940
Case Laws Central Excise
Revenue-neutral job-worker clearances: Supreme Court dismisses petition on facts while leaving interest liability questions of law open.
Revenue-neutral valuation of clearances to job workers was considered in relation to interest liability under Section 11AB and duty determination under Section 11A. The High Court declined to interfere with the Tribunal's view that interest need not be levied in the revenue-neutral circumstances and that refund was unavailable because the order-in-original had attained finality. The Supreme Court dismissed the special leave petition on the peculiar facts and circumstances, while expressly keeping all questions of law open.

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