Export obligation removed by notification, customs duty demand invalidated; penalties under s.112 and s.114AA quashed due to inadmissible s.108 statem...
Customs officers must wear and use department-issued body-worn cameras when clearing passenger baggage, with daily secure transfer and 30-day retentio...
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The HC held that reopening under Section 147 is unsustainable where the assessee had divulged full and true primary facts in the return; the impugned reassessment lacked statutory foundation and therefore contravened Section 147. A mere change of opinion by the AO cannot constitute a valid reason to reopen assessment. Issuance of a second notice while an earlier notice subsisted was declared invalid, rendering consequent proceedings a nullity. In view of these conclusions the writ petition was allowed and the reassessment proceedings and consequential orders were quashed.
The HC held that reopening under Section 147 is unsustainable where the assessee had divulged full and true primary facts in the return; the impugned reassessment lacked statutory foundation and therefore contravened Section 147. A mere change of opinion by the AO cannot constitute a valid reason to reopen assessment. Issuance of a second notice while an earlier notice subsisted was declared invalid, rendering consequent proceedings a nullity. In view of these conclusions the writ petition was allowed and the reassessment proceedings and consequential orders were quashed.
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