Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
Written acceptance of an enhanced import value does not, by itself, extinguish the importer's right to challenge reassessment or rejection of the declared transaction value. The Tribunal noted that the importers' letters sought provisional or final clearance on payment under protest, so the facts were not of unconditional consent simpliciter. Relying on Niraj Silk Mills and Hanuman Prasad & Sons, it held that such acceptance may relieve the proper officer of issuing a speaking order under Section 17(5), but it does not amount to abandonment of the statutory right to dispute the reassessment. Orders rejecting the appeals solely on that basis were therefore unsustainable and were set aside.
Written acceptance of an enhanced import value does not, by itself, extinguish the importer's right to challenge reassessment or rejection of the declared transaction value. The Tribunal noted that the importers' letters sought provisional or final clearance on payment under protest, so the facts were not of unconditional consent simpliciter. Relying on Niraj Silk Mills and Hanuman Prasad & Sons, it held that such acceptance may relieve the proper officer of issuing a speaking order under Section 17(5), but it does not amount to abandonment of the statutory right to dispute the reassessment. Orders rejecting the appeals solely on that basis were therefore unsustainable and were set aside.
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