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 cement qualified for concessional CVD under Clause 1C because the decisive test was whether it was intended for retail sale, not merely whether it was packed in 50 kg bags or bore a printed RSP. The department had no evidence of actual retail sale, and supply only to industrial and institutional consumers supported the benefit. Reassessment by substituting a contemporaneous RSP was rejected because no proper valuation exercise under customs law was shown and the dispute was not one of transaction value. The extended limitation also failed, as assessed Bills of Entry had been scrutinised by officers and no wilful suppression or misstatement was proved, so duty, interest and penalty could not stand.
Imported cement qualified for concessional CVD under Clause 1C because the decisive test was whether it was intended for retail sale, not merely whether it was packed in 50 kg bags or bore a printed RSP. The department had no evidence of actual retail sale, and supply only to industrial and institutional consumers supported the benefit. Reassessment by substituting a contemporaneous RSP was rejected because no proper valuation exercise under customs law was shown and the dispute was not one of transaction value. The extended limitation also failed, as assessed Bills of Entry had been scrutinised by officers and no wilful suppression or misstatement was proved, so duty, interest and penalty could not stand.
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