Toy balloon tariff classification: functional heading prevails over residual rubber and festive article headings, supporting penalties for deliberate ...
Customs valuation using comparable contemporaneous imports can displace declared value, while missing speaking orders require pursuit before competent...
Foreign customs declarations and importer admissions established undervaluation, supporting sequential value redetermination, differential duty, and m...
Customs seizure safeguards prevent detention-based limitation avoidance and invalidate provisional release conditions for imported vehicles under an i...
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The ITAT set aside orders passed by CIT(A) and ACIT under s.154, holding that additions to the assessee's income based solely on admissions made in an application to the Settlement Commission were improper. The Tribunal affirmed that confidential information submitted before the Settlement Commission cannot form the basis for additions in assessment proceedings without independent incriminating material discovered during search and seizure operations. Since the Settlement Commission application was deemed non-maintainable under s.245C(1) and not adjudicated on merits, and the ACIT failed to reference any incriminating material when making the additions, the Tribunal determined the assessment orders were legally unsustainable.
The ITAT set aside orders passed by CIT(A) and ACIT under s.154, holding that additions to the assessee's income based solely on admissions made in an application to the Settlement Commission were improper. The Tribunal affirmed that confidential information submitted before the Settlement Commission cannot form the basis for additions in assessment proceedings without independent incriminating material discovered during search and seizure operations. Since the Settlement Commission application was deemed non-maintainable under s.245C(1) and not adjudicated on merits, and the ACIT failed to reference any incriminating material when making the additions, the Tribunal determined the assessment orders were legally unsustainable.
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