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...
An assessee has statutory discretion to pursue either an appeal under s. 246A or revision under s. 264, and the revisional authority cannot refuse to exercise jurisdiction merely because the impugned order was appealable; consequently, rejection of revision on that ground was invalid and the matter was remitted for de novo consideration. The revisional power under s. 264 is wide and intended to prevent miscarriage of justice, extending to correction of mistakes or errors committed by the assessee in the return of income or audit report; accordingly, the authority was directed to consider such errors and grant relief if legally tenable after affording a hearing within a fixed timeframe - HC
An assessee has statutory discretion to pursue either an appeal under s. 246A or revision under s. 264, and the revisional authority cannot refuse to exercise jurisdiction merely because the impugned order was appealable; consequently, rejection of revision on that ground was invalid and the matter was remitted for de novo consideration. The revisional power under s. 264 is wide and intended to prevent miscarriage of justice, extending to correction of mistakes or errors committed by the assessee in the return of income or audit report; accordingly, the authority was directed to consider such errors and grant relief if legally tenable after affording a hearing within a fixed timeframe - HC
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