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...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Assessment proceedings u/s 153C - The period of limitation and deemed date for possession of seized documents were discussed. It was held that the date of recording satisfaction would be the deemed date for possession of seized documents, which was 03-10-2022, and six years would be reckoned from this date. The submission made by the Authorized Representative was tenable, and the relevant assessment year for the previous year in which the search was conducted would be AY 2023-24, with six immediately preceding assessment years being AY 2018-19 to 2022-23. The assessment for AY 2021-22 should have been carried out by issuing notice u/s 153C and not Section 143(2). The case was covered by the Akanksha Gupta case, and the assessment order passed u/s 143(3) was held to be bad in law and liable to be quashed. The assessee's appeal was allowed.
Assessment proceedings u/s 153C - The period of limitation and deemed date for possession of seized documents were discussed. It was held that the date of recording satisfaction would be the deemed date for possession of seized documents, which was 03-10-2022, and six years would be reckoned from this date. The submission made by the Authorized Representative was tenable, and the relevant assessment year for the previous year in which the search was conducted would be AY 2023-24, with six immediately preceding assessment years being AY 2018-19 to 2022-23. The assessment for AY 2021-22 should have been carried out by issuing notice u/s 153C and not Section 143(2). The case was covered by the Akanksha Gupta case, and the assessment order passed u/s 143(3) was held to be bad in law and liable to be quashed. The assessee's appeal was allowed.
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