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...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
The dominant issue was whether limitation for passing the final assessment order in a DRP case is governed by section 153(1) read with section 153(4), or by section 144C(13). Relying on prior coordinate bench precedent, which in turn followed Madras HC and Bombay HC, the Tribunal held that the statutory time bar must be computed under section 153(1) r/w section 153(4), making the last permissible date 30.09.2021. Since the final assessment order was passed on 07.07.2023, it was held to be time-barred and was quashed, resulting in the appeal being allowed. - ITAT
The dominant issue was whether limitation for passing the final assessment order in a DRP case is governed by section 153(1) read with section 153(4), or by section 144C(13). Relying on prior coordinate bench precedent, which in turn followed Madras HC and Bombay HC, the Tribunal held that the statutory time bar must be computed under section 153(1) r/w section 153(4), making the last permissible date 30.09.2021. Since the final assessment order was passed on 07.07.2023, it was held to be time-barred and was quashed, resulting in the appeal being allowed. - ITAT
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