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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ITAT allowed the appeal, set aside the PCIT's revisionary order under s.263 and upheld the AO's assessment. The Tribunal held excess cash and stock revealed in survey were properly treated as business income after the assessee answered specific inquiries and the AO conducted an inquiry; invocation of s.115BBE was not mandatory. Because the AO took a plausible view, the requisite twin conditions for exercise of s.263-(i) that the assessment order is erroneous, and (ii) that it is prejudicial to Revenue-were not satisfied. Applying the principle that where two views are possible the one favourable to the assessee prevails, the PCIT's revision was quashed.
ITAT allowed the appeal, set aside the PCIT's revisionary order under s.263 and upheld the AO's assessment. The Tribunal held excess cash and stock revealed in survey were properly treated as business income after the assessee answered specific inquiries and the AO conducted an inquiry; invocation of s.115BBE was not mandatory. Because the AO took a plausible view, the requisite twin conditions for exercise of s.263-(i) that the assessment order is erroneous, and (ii) that it is prejudicial to Revenue-were not satisfied. Applying the principle that where two views are possible the one favourable to the assessee prevails, the PCIT's revision was quashed.
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