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...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
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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