Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Imported scrap valuation was discussed in the context of reassessment based on NIDB data and contemporaneous imports. The Tribunal applied its earlier ruling, following the Delhi High Court view, that enhancement of declared value cannot rest solely on such data without legally sufficient justification under the valuation scheme, and that payment of enhanced duty to obtain clearance does not prevent the importer from challenging the reassessment in appeal. On that basis, the impugned order was held unsustainable and the appeals were allowed with consequential relief.
Imported scrap valuation was discussed in the context of reassessment based on NIDB data and contemporaneous imports. The Tribunal applied its earlier ruling, following the Delhi High Court view, that enhancement of declared value cannot rest solely on such data without legally sufficient justification under the valuation scheme, and that payment of enhanced duty to obtain clearance does not prevent the importer from challenging the reassessment in appeal. On that basis, the impugned order was held unsustainable and the appeals were allowed with consequential relief.
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