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...
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Related-party imports allow rejection of declared transaction value where common family control creates a reasonable doubt about the truth and accuracy of the price, and proof of additional cash payment is not required once that doubt arises. After rejection, customs valuation must follow the prescribed methods sequentially, and the authority cannot apply multiple rules at once or switch between rules for different goods without showing why earlier methods failed for each consignment. Residual valuation cannot be based on arbitrary figures such as assumed average undervaluation, export-country prices, or domestic sale prices when those do not fit the valuation scheme. On that basis, consequential duty, confiscation, fine, interest and penalties cannot stand if the re-determined value is unsustainable.
Related-party imports allow rejection of declared transaction value where common family control creates a reasonable doubt about the truth and accuracy of the price, and proof of additional cash payment is not required once that doubt arises. After rejection, customs valuation must follow the prescribed methods sequentially, and the authority cannot apply multiple rules at once or switch between rules for different goods without showing why earlier methods failed for each consignment. Residual valuation cannot be based on arbitrary figures such as assumed average undervaluation, export-country prices, or domestic sale prices when those do not fit the valuation scheme. On that basis, consequential duty, confiscation, fine, interest and penalties cannot stand if the re-determined value is unsustainable.
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