International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
The dominant issue was whether the final assessment order under s.143(3) r.w.s.144C(13) was time-barred under s.153(1) read with s.153(4), including the effect of TOLA notifications on the limitation period. Following binding High Court precedents as applied in an earlier co-ordinate bench decision, limitation was computed strictly under s.153(1) r.w.s.153(4); for the relevant AY, the available extended time did not push the deadline beyond 30.09.2021, and an order passed in July 2022 was beyond time. Consequently, the assessment order was quashed as barred by limitation, with liberty to seek revival if the pending larger-bench ruling alters the legal position. - ITAT
The dominant issue was whether the final assessment order under s.143(3) r.w.s.144C(13) was time-barred under s.153(1) read with s.153(4), including the effect of TOLA notifications on the limitation period. Following binding High Court precedents as applied in an earlier co-ordinate bench decision, limitation was computed strictly under s.153(1) r.w.s.153(4); for the relevant AY, the available extended time did not push the deadline beyond 30.09.2021, and an order passed in July 2022 was beyond time. Consequently, the assessment order was quashed as barred by limitation, with liberty to seek revival if the pending larger-bench ruling alters the legal position. - ITAT
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