Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
In a charitable institution's assessment, the Tribunal held that application of current-year income and accumulated funds, as separately disclosed in the return and Form 10B and verified in scrutiny, could not be disallowed on a supposed mismatch; once the Assessing Officer recorded that there was no difference between the two, the earlier prima facie adjustment under section 143(1) had no surviving basis and the claim was allowed in full. It also held that no fresh claim was being raised on appeal, so Goetze (India) was inapplicable. The final computation wrongly duplicated the same income components, inflating the taxable base; tax under section 115BBI and interest under sections 234B and 234C were consequential and had to be recomputed. The appeal was allowed.
In a charitable institution's assessment, the Tribunal held that application of current-year income and accumulated funds, as separately disclosed in the return and Form 10B and verified in scrutiny, could not be disallowed on a supposed mismatch; once the Assessing Officer recorded that there was no difference between the two, the earlier prima facie adjustment under section 143(1) had no surviving basis and the claim was allowed in full. It also held that no fresh claim was being raised on appeal, so Goetze (India) was inapplicable. The final computation wrongly duplicated the same income components, inflating the taxable base; tax under section 115BBI and interest under sections 234B and 234C were consequential and had to be recomputed. The appeal was allowed.
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