Court :
Supreme Court
Brief :
Even though the Board has attempted to reduce the litigation by issuing clarification as to waiver of issuance of SCN and/ or conclusion of proceedings, however the moot question still remains as to when a case should be categorised by the Department as a Non-fraud case. The Department follows stereotype practice in most cases of always alleging fraud, suppression etc., while alleging demand on assessees. Then, under what circumstances, can an assessee avail the benefit of no penalty on payment of tax along with interest, either within 30 days of issuance of SCN under Section 76 of the Finance Act or before issuance of SCN in terms of Section 73(3) thereof.
Citation :
Commissioner of Customs, Mumbai Vs. Virgo Steels [2002(141) E.L.T 598 (S. C.)]
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