term "fraud". Section 17 of the Contract Act defines "fraud". There is no proof that the appellants intended to deceive
fraud" ?
10. "Fraud", occurring in Clause (9) of the proviso to Rule 10 had not been defined, in the Rules. Going ... facts" occurring in the proviso to Rule 10 after "fraud" fall within the ambit of (i) and (ii) supra in the definition
months from the relevant date, the expression relevant date having been defined in clause (ii) of Sub-section (3) of that section. Then there ... been defined in clause (ii) of Sub-section (3) of that section. We then come to the proviso which refers to cases of fraud, collusion
producer. For the purpose of Section 4 , "assessee" is defined in Sub-section (3)(a) thereof, to mean the person who is liable ... frauds due to the real name of the person concerned being camouflaged by the assumed proprietory name. The word "assessee", as defined
producer. For the purpose of Section 4 , "assessee" is defined in Sub-section (3)(a) thereof, to mean the person who is liable ... frauds due to the real name of the person concerned being camouflaged by the assumed proprietory name. The word "assessee", as defined
been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention ... issued within five years from the relevant date. Relevant date has been defined in Sub-section (3) to Section 11A and nowhere this sub-section
however, a short levy was occasioned by reason of-
(i) fraud, collusion or any wilful misstatement or suppression of facts; or
(ii) contravention ... relevant date" had been separately defined to mean, in the context of the facts of this case, the date when the duty
defined in that Section for issue of notice of demand of duty and a longer period of 5 years in case involving fraud, collusion, wilful
been defined as the date of refund. The section has a time limit of five years if the erroneous refund was caused by fraud, collusion
adhered to especially in situations where otherwise there will be scope for fraud. The Supreme Court decision in the case Indian Aluminium v. Thane Municipality ... under Exports (Control) Order, 1988. Rule 2(h) of Export (Control) Order defines value as having the same meaning as in Section