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-trust denied exemption under s.11 sought revision under s.264 against an order appealable under s.246A. The revisional authority could not refuse to exercise jurisdiction merely because an appellate remedy existed, since the statute does not mandate exhaustion of appeal where no appeal is filed; accordingly, rejection on that ground was unsustainable. Further, s.264 powers are wide and intended to prevent miscarriage of justice, enabling relief even where the assessee's own mistake in the return caused omission of a legitimate claim; Goetze (India) Ltd. was held inapplicable. The impugned order rejecting the s.264 application for AY 2016-17 was quashed and set aside. - HC
An assessee-trust denied exemption under s.11 sought revision under s.264 against an order appealable under s.246A. The revisional authority could not refuse to exercise jurisdiction merely because an appellate remedy existed, since the statute does not mandate exhaustion of appeal where no appeal is filed; accordingly, rejection on that ground was unsustainable. Further, s.264 powers are wide and intended to prevent miscarriage of justice, enabling relief even where the assessee's own mistake in the return caused omission of a legitimate claim; Goetze (India) Ltd. was held inapplicable. The impugned order rejecting the s.264 application for AY 2016-17 was quashed and set aside. - HC
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