Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Validity of determination of tax under best judgment assessment - The petitioner challenged an ex-parte assessment order arguing that their statutory return in Form GSTR-3B for March 2023 was valid and should take precedence over the assessment order. They also contended that financial constraints prevented timely filing of the return, leading to a best judgment assessment. However, the petitioner failed to avail themselves of the statutory remedy of filing an appeal against the assessment within the prescribed period. The court, citing precedent, concluded that the writ petition was not maintainable due to the petitioner's failure to exhaust the statutory remedy of appeal. As a result, the court dismissed the petition.
Validity of determination of tax under best judgment assessment - The petitioner challenged an ex-parte assessment order arguing that their statutory return in Form GSTR-3B for March 2023 was valid and should take precedence over the assessment order. They also contended that financial constraints prevented timely filing of the return, leading to a best judgment assessment. However, the petitioner failed to avail themselves of the statutory remedy of filing an appeal against the assessment within the prescribed period. The court, citing precedent, concluded that the writ petition was not maintainable due to the petitioner's failure to exhaust the statutory remedy of appeal. As a result, the court dismissed the petition.
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