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 digital projectors leased to cinema halls on a right-to-use basis were treated as goods not intended for retail sale, so RSP-based CVD valuation was not permissible because the package requirement for declaring retail sale price was absent. The note states that assessable value had to be determined on transaction value rather than RSP, and the enhancement on MRP basis was unsustainable. It also states that actual freight and actual insurance had to be adopted where those costs were available on record, making notional loading at 20% of FOB for freight and 1.125% of FOB for insurance unjustified. Consequential amendment of the Bills of Entry was allowed.
Imported digital projectors leased to cinema halls on a right-to-use basis were treated as goods not intended for retail sale, so RSP-based CVD valuation was not permissible because the package requirement for declaring retail sale price was absent. The note states that assessable value had to be determined on transaction value rather than RSP, and the enhancement on MRP basis was unsustainable. It also states that actual freight and actual insurance had to be adopted where those costs were available on record, making notional loading at 20% of FOB for freight and 1.125% of FOB for insurance unjustified. Consequential amendment of the Bills of Entry was allowed.
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