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...
The HC quashed the Audit Assessment Order dated 21.03.2025 and the notice dated 01.05.2024 issued in Form VAT-306 as void for want of jurisdiction and as time-barred. The court held the AVR was invalid because Section 41(4)'s mandatory time-limit was not complied with; consequently the Assessing Authority could not lawfully invoke Section 42 after having earlier proceeded under Section 43. Section 49(2) cannot be used to cure an intra-statutory jurisdictional error where the authority erroneously chose Section 43 over Section 42. All proceedings and consequential acts founded on the invalid AVR and the delayed Form VAT-306 notice therefore collapsed and the petition was allowed.
The HC quashed the Audit Assessment Order dated 21.03.2025 and the notice dated 01.05.2024 issued in Form VAT-306 as void for want of jurisdiction and as time-barred. The court held the AVR was invalid because Section 41(4)'s mandatory time-limit was not complied with; consequently the Assessing Authority could not lawfully invoke Section 42 after having earlier proceeded under Section 43. Section 49(2) cannot be used to cure an intra-statutory jurisdictional error where the authority erroneously chose Section 43 over Section 42. All proceedings and consequential acts founded on the invalid AVR and the delayed Form VAT-306 notice therefore collapsed and the petition was allowed.
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