Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
ITAT allowed the assessee's appeal and quashed the scrutiny assessment. It held that no valid statutory notice u/s 143(2) was issued or served, as the email communication contained no attached, digitally signed notice and was never re-served, rendering the assessment void ab initio. Separately, the approval u/s 153D was found invalid as it was granted through a consolidated, mechanical letter for multiple years, without reference to seized material, appraisal report, or draft orders, and without demonstrating independent application of mind. As approval u/s 153D is a mandatory substantive safeguard, the assessment was held unsustainable in law.
ITAT allowed the assessee's appeal and quashed the scrutiny assessment. It held that no valid statutory notice u/s 143(2) was issued or served, as the email communication contained no attached, digitally signed notice and was never re-served, rendering the assessment void ab initio. Separately, the approval u/s 153D was found invalid as it was granted through a consolidated, mechanical letter for multiple years, without reference to seized material, appraisal report, or draft orders, and without demonstrating independent application of mind. As approval u/s 153D is a mandatory substantive safeguard, the assessment was held unsustainable in law.
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