Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
FOB is Incoterm reflecting exporter's transaction value; declared shipping bill value not automatically confiscable under s.113(i), s.125, ss.114(i) a...
The Petitioner (an anonymized corporate assessee) moved the HC challenging territorial jurisdiction and validity of reopening under s.148 of the IT Act read with the extended limitation provisions under TOLA; the Court held that, following relocation of the Petitioner's registered office to Mumbai and substantial events arising within the HC's territory, a substantial part of the cause of action arose within the HC's jurisdiction under Art.226(2), rejecting the forum conveniens objection. Applying binding precedent, the HC set aside the impugned s.148 notice and all consequential proceedings, thereby quashing the reopening and terminating the assessment action initiated pursuant to that notice.
The Petitioner (an anonymized corporate assessee) moved the HC challenging territorial jurisdiction and validity of reopening under s.148 of the IT Act read with the extended limitation provisions under TOLA; the Court held that, following relocation of the Petitioner's registered office to Mumbai and substantial events arising within the HC's territory, a substantial part of the cause of action arose within the HC's jurisdiction under Art.226(2), rejecting the forum conveniens objection. Applying binding precedent, the HC set aside the impugned s.148 notice and all consequential proceedings, thereby quashing the reopening and terminating the assessment action initiated pursuant to that notice.
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