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...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
The HC quashed an ex-parte assessment order dated 02.07.2024 passed without serving proper notice to the petitioner, finding it wholly without jurisdiction and a nullity due to violation of principles of natural justice. The court held that only one operative assessment order can subsist for the same assessment period. A subsequent assessment order dated 12.07.2024, passed after affording opportunity of personal hearing and considering material produced, was deemed valid and tenable. The court emphasized that decisions made after hearing are more authoritative than default decisions, and taxpayers must have opportunity to present their case. The writ petition was disposed of by quashing the ex-parte order while upholding the order passed on merits.
The HC quashed an ex-parte assessment order dated 02.07.2024 passed without serving proper notice to the petitioner, finding it wholly without jurisdiction and a nullity due to violation of principles of natural justice. The court held that only one operative assessment order can subsist for the same assessment period. A subsequent assessment order dated 12.07.2024, passed after affording opportunity of personal hearing and considering material produced, was deemed valid and tenable. The court emphasized that decisions made after hearing are more authoritative than default decisions, and taxpayers must have opportunity to present their case. The writ petition was disposed of by quashing the ex-parte order while upholding the order passed on merits.
Note: It is a system-generated summary and is for quick reference only.