order passed under Section 3 of the Import and Export Act that fraud or misrepresentation only renders a licence voidable and it becomes inoperative before ... same was cancelled only on 7-12-2004;
the principle that fraud nullifies everything would not be applicable to the respondent, as -
(i) issue
Prayagraj vs Union on 24 January, 2011
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
TAXAP/1153
endorsement of
transferability was made upon it by the officers. No fraud has been attributed ... Commissioner of Customs Vs Candid
Enterprises , 2001 (130) ELT 404 (SC) fraud nullifies everything and the
normal period of limitation does not apply.
32. Thus
subject matter of Section 17 of the Limitation Act that
fraud nullifies everything?
ii. Whether the Tribunal is correct in not
applying the reported judgment
order passed under Section 3 of the Import and Export Act that fraud or misrepresentation only renders a licence voidable and it becomes inoperative before ... same was cancelled only on 7-12-2004;
the principle that fraud nullifies everything would not be applicable to the respondent, as -
(i) issue
inserted.
21. Once it is held that once there is fraud against revenue, no leniency could be shown and contention that no penalty is imposable ... Court of Punjab & Haryana High Court in the aforesaid case. Fraud nullifies everything. Commissioner has rightly analyzed in para 41 of her order that
that fraud has been committed and fake invoices have been issued enabling dealers/buyers to take fraudulent credit. There is clear admittance of fraud ... availment of Cenvat credit on fake invoices as it involves fraud. Fraud nullifies everything. Once it is proved that credit has been fraudulently availed
court held that as the order impugned was based upon fraud which
nullifies everything, therefore, the Tribunal ought to have condoned the delay
court held that as the order impugned was based upon fraud which
nullifies everything, therefore, the Tribunal ought to have condoned the delay
Mafatlal Industries Ltd. And Ors. vs Union Of India (Uoi) And Ors. on 19 December
