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...
Validity of assessments framed u/s 153A turned on whether prior approval u/s 153D was valid. The Tribunal held that the JCIT's common approval was granted mechanically, without due application of mind, as a mere rubber-stamp, and suffered from multiple infirmities; therefore, it was invalid in law. Since an assessment u/s 153A without valid approval u/s 153D is void ab initio and not curable, the impugned assessment orders were annulled. Consequentially, grounds on merits of additions became infructuous and were not adjudicated. Grounds challenging initiation of penalty proceedings were held not maintainable and dismissed. - ITAT
Validity of assessments framed u/s 153A turned on whether prior approval u/s 153D was valid. The Tribunal held that the JCIT's common approval was granted mechanically, without due application of mind, as a mere rubber-stamp, and suffered from multiple infirmities; therefore, it was invalid in law. Since an assessment u/s 153A without valid approval u/s 153D is void ab initio and not curable, the impugned assessment orders were annulled. Consequentially, grounds on merits of additions became infructuous and were not adjudicated. Grounds challenging initiation of penalty proceedings were held not maintainable and dismissed. - ITAT
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