Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
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This case deals with the classification of handcrafted stone articles like 'Chakla Belan' (rolling board and pin), mortar, pestle, etc. for export under the Merchandise Exports from India Scheme (MEIS). The key points are: Self-assessment procedure under Customs Act empowers authorities to verify valuation, classification, exemptions, etc. The exporters classified the goods under ITC(HS) 68159990, entitling 5-7% MEIS rewards. Authorities later objected, alleging misclassification to claim higher rewards. The HC examined the scope of assessment, audit, and recovery powers under Customs Act and Foreign Trade (Development & Regulation) Act/Rules. It held customs cannot question MEIS certificates issued by DGFT without DGFT's adjudication on validity. Section 28AAA requires collusion/misstatement for recovery, not mere classification dispute. The HC quashed the objections, stating classification fell under DGFT's purview as per FTP provisions. It directed refund of amounts deposited by exporters but left it open for DGFT to initiate proceedings on MEIS certificate validity if permissible. The ruling balanced customs' assessment powers with DGFT's authority over export promotion schemes.
This case deals with the classification of handcrafted stone articles like 'Chakla Belan' (rolling board and pin), mortar, pestle, etc. for export under the Merchandise Exports from India Scheme (MEIS). The key points are: Self-assessment procedure under Customs Act empowers authorities to verify valuation, classification, exemptions, etc. The exporters classified the goods under ITC(HS) 68159990, entitling 5-7% MEIS rewards. Authorities later objected, alleging misclassification to claim higher rewards. The HC examined the scope of assessment, audit, and recovery powers under Customs Act and Foreign Trade (Development & Regulation) Act/Rules. It held customs cannot question MEIS certificates issued by DGFT without DGFT's adjudication on validity. Section 28AAA requires collusion/misstatement for recovery, not mere classification dispute. The HC quashed the objections, stating classification fell under DGFT's purview as per FTP provisions. It directed refund of amounts deposited by exporters but left it open for DGFT to initiate proceedings on MEIS certificate validity if permissible. The ruling balanced customs' assessment powers with DGFT's authority over export promotion schemes.
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