Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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Petitioner's entitlement to immunity under Section 270AA was the sole issue. The court found the petitioner had filed Form 68 seeking immunity and that s.270AA(3) imposes a mandatory duty on the Assessing Officer to grant immunity once statutory conditions are satisfied; an order declining immunity must disclose which condition(s) were unmet. The impugned order contained no reasons or application of mind and was therefore vitiated as a nullity; it was set aside and the AO directed to reconsider the Form 68 application and pass a reasoned order in accordance with law. - HC
Petitioner's entitlement to immunity under Section 270AA was the sole issue. The court found the petitioner had filed Form 68 seeking immunity and that s.270AA(3) imposes a mandatory duty on the Assessing Officer to grant immunity once statutory conditions are satisfied; an order declining immunity must disclose which condition(s) were unmet. The impugned order contained no reasons or application of mind and was therefore vitiated as a nullity; it was set aside and the AO directed to reconsider the Form 68 application and pass a reasoned order in accordance with law. - HC
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