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...
Penalty under section 114(iii) for alleged abetment of overvaluation of export goods could not be sustained without material showing the Customs Broker's involvement in fixing the value or knowledge of the overvaluation. The Tribunal held that customs valuation is for customs authorities, not the broker, who has no role in re-determining export value or examining goods. The broker's earlier CBLR proceedings also recorded no evidence of knowledge. Mere non-cooperation during investigation or failure to answer summons was insufficient to justify this penalty, though it may attract action under other provisions. The penalty was set aside and consequential relief granted.
Penalty under section 114(iii) for alleged abetment of overvaluation of export goods could not be sustained without material showing the Customs Broker's involvement in fixing the value or knowledge of the overvaluation. The Tribunal held that customs valuation is for customs authorities, not the broker, who has no role in re-determining export value or examining goods. The broker's earlier CBLR proceedings also recorded no evidence of knowledge. Mere non-cooperation during investigation or failure to answer summons was insufficient to justify this penalty, though it may attract action under other provisions. The penalty was set aside and consequential relief granted.
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