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 s.271D for alleged contravention of s.269SS was examined on whether the assessee had "reasonable cause" under s.273B for receiving sale consideration in cash. The assessee received cash advance and balance consideration pursuant to a sale agreement executed before the amendment to s.269SS effective 01.06.2015, completed the registered conveyance in the presence of witnesses, and disclosed the full consideration with due taxes paid. Since the cash receipts were in terms of a pre-amendment contractual arrangement, the statutory "reasonable cause" protection applied, rendering the penalty unsustainable; the penalty was deleted and the appeal was allowed. - ITAT
Penalty under s.271D for alleged contravention of s.269SS was examined on whether the assessee had "reasonable cause" under s.273B for receiving sale consideration in cash. The assessee received cash advance and balance consideration pursuant to a sale agreement executed before the amendment to s.269SS effective 01.06.2015, completed the registered conveyance in the presence of witnesses, and disclosed the full consideration with due taxes paid. Since the cash receipts were in terms of a pre-amendment contractual arrangement, the statutory "reasonable cause" protection applied, rendering the penalty unsustainable; the penalty was deleted and the appeal was allowed. - ITAT
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