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...
Penalty under section 271(1)(c) was examined on whether initiation was vitiated due to non-specification of the exact charge, i.e., "concealment of income" or "furnishing inaccurate particulars." The penalty notice was found to be omnibus, retaining both limbs without striking off the inapplicable one or otherwise indicating the precise ground, thereby denying clear notice of the allegation. Relying on binding precedent that such ambiguity invalidates penalty initiation, the tribunal's deletion of penalty was upheld, and the revenue's appeal was dismissed for absence of any substantial question of law. - HC
Penalty under section 271(1)(c) was examined on whether initiation was vitiated due to non-specification of the exact charge, i.e., "concealment of income" or "furnishing inaccurate particulars." The penalty notice was found to be omnibus, retaining both limbs without striking off the inapplicable one or otherwise indicating the precise ground, thereby denying clear notice of the allegation. Relying on binding precedent that such ambiguity invalidates penalty initiation, the tribunal's deletion of penalty was upheld, and the revenue's appeal was dismissed for absence of any substantial question of law. - HC
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