Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Reopening of assessment depends on prior approval from the authority specified for the applicable time-bar category; where more than three years had elapsed from the end of the relevant assessment year, approval required from the higher authority under the substituted scheme. The High Court found approval was obtained from the lower specified authority instead of the required higher authority, rendering the s.148 notice, the s.148A(d) order and consequent reassessment and penalty proceedings jurisdictionally invalid. The HC quashed and set aside the notice, the reassessment order and the penalty notice, deciding in favour of the assessee.
Reopening of assessment depends on prior approval from the authority specified for the applicable time-bar category; where more than three years had elapsed from the end of the relevant assessment year, approval required from the higher authority under the substituted scheme. The High Court found approval was obtained from the lower specified authority instead of the required higher authority, rendering the s.148 notice, the s.148A(d) order and consequent reassessment and penalty proceedings jurisdictionally invalid. The HC quashed and set aside the notice, the reassessment order and the penalty notice, deciding in favour of the assessee.
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