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...
Abetment under Section 112(a) failed because abetment requires an actual committer and an abettor, and the record did not establish who the importer was or that either appellant was the importer. The Tribunal also noted that the case rested mainly on an uncorroborated statement retracted at the earliest opportunity, while a key investigative lead from the phone number in the shipping documents was not pursued; the penalty under Section 112(a) was set aside. Section 114AA was confined to fraudulent exports made only on paper without any physical export, so it did not apply to imports; the penalty under that provision was also set aside.
Abetment under Section 112(a) failed because abetment requires an actual committer and an abettor, and the record did not establish who the importer was or that either appellant was the importer. The Tribunal also noted that the case rested mainly on an uncorroborated statement retracted at the earliest opportunity, while a key investigative lead from the phone number in the shipping documents was not pursued; the penalty under Section 112(a) was set aside. Section 114AA was confined to fraudulent exports made only on paper without any physical export, so it did not apply to imports; the penalty under that provision was also set aside.
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