Recovery of Sanctioned Drawback – A Case of Missing Machinery
Power to levy or collect tax should be rooted in the legislation and cannot be presumed. In specified cases, certain powers are conferred through delegated legislation. Any action by the Revenue which is not mandated by law and therefore lacks jurisdiction, is struck down being in direct violation of the Constitutional dicta. The recent ruling pronounced by the Hon’ble Punjab and Haryana High Court (‘High Court’) in the case of M/s Famina Knit Fabs v. Union of India has reiterated the above principle.
In this context, find attached our article titled “Recovery of Sanctioned Drawback – A Case of Missing Machinery” authored by our Partner, Mr. Dharnendra Kumar Rana, and Associate, Mr. Ayush Agarwal.