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...
The principal issue was whether penalty orders under section 271E (and 271D) were time-barred under section 275(1)(c). The Tribunal held that section 275(1)(c) requires either expiry of the relevant financial year after assessment or lapse of six months from the end of the month in which the Assessing Officer referred the matter for imposition of penalty; the six-month period is computed from the AO's reference, and the approval or issuance of a show-cause notice by a higher authority is irrelevant. Applying that interpretation, the penalty orders for the assessment years in question were held time-barred and the appeals were allowed. - ITAT
The principal issue was whether penalty orders under section 271E (and 271D) were time-barred under section 275(1)(c). The Tribunal held that section 275(1)(c) requires either expiry of the relevant financial year after assessment or lapse of six months from the end of the month in which the Assessing Officer referred the matter for imposition of penalty; the six-month period is computed from the AO's reference, and the approval or issuance of a show-cause notice by a higher authority is irrelevant. Applying that interpretation, the penalty orders for the assessment years in question were held time-barred and the appeals were allowed. - ITAT
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