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...
The High Court quashed the reassessment order due to procedural defects. The Assessing Officer failed to dispose of the assessee's objections through a speaking order after issuing notice u/s 147, violating principles established in GKN Driveshafts case. The court rejected the department's attempt to rely on reasons mentioned in the approval granted u/s 151, as it was impermissible after passing the assessment order. The Assessing Officer adopted different approaches, furnishing different reasons to the assessee and Joint Commissioner, and proceeded without disposing of objections, acting against revenue's interest. The court questioned the Assessing Officer's reckless actions leading to potential revenue loss and sought scrutiny of such officers' performance by higher authorities.
The High Court quashed the reassessment order due to procedural defects. The Assessing Officer failed to dispose of the assessee's objections through a speaking order after issuing notice u/s 147, violating principles established in GKN Driveshafts case. The court rejected the department's attempt to rely on reasons mentioned in the approval granted u/s 151, as it was impermissible after passing the assessment order. The Assessing Officer adopted different approaches, furnishing different reasons to the assessee and Joint Commissioner, and proceeded without disposing of objections, acting against revenue's interest. The court questioned the Assessing Officer's reckless actions leading to potential revenue loss and sought scrutiny of such officers' performance by higher authorities.
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