Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Validity of an ICDS adjustment was challenged on the basis that the intimation under the income tax intimation procedure was issued without giving the assessee prior written or electronic notice and without considering the assessees response. The court found that the first and second provisos require notice of a proposed adjustment and consideration of any reply before making adjustments; absence of such notice and opportunity to be heard violated the principles of natural justice. Consequently the ICDS adjustment in the intimation was quashed.
Validity of an ICDS adjustment was challenged on the basis that the intimation under the income tax intimation procedure was issued without giving the assessee prior written or electronic notice and without considering the assessees response. The court found that the first and second provisos require notice of a proposed adjustment and consideration of any reply before making adjustments; absence of such notice and opportunity to be heard violated the principles of natural justice. Consequently the ICDS adjustment in the intimation was quashed.
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