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...
Excess imported crude degummed soya bean oil was not liable to confiscation where the record showed that the importer directed the custodian not to release the tanker until customs duty on the excess quantity was paid, and the goods were ultimately cleared on payment of duty. On those facts, the redemption fine also could not survive. The Tribunal further found no collusion, wilful misstatement or suppression by either appellant, so penalty for alleged excess removal was not sustainable. The remand concerning the custodian was therefore also set aside.
Excess imported crude degummed soya bean oil was not liable to confiscation where the record showed that the importer directed the custodian not to release the tanker until customs duty on the excess quantity was paid, and the goods were ultimately cleared on payment of duty. On those facts, the redemption fine also could not survive. The Tribunal further found no collusion, wilful misstatement or suppression by either appellant, so penalty for alleged excess removal was not sustainable. The remand concerning the custodian was therefore also set aside.
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