Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
Whether freight charged to buyers for consignments on a "freight to pay" basis must be included in assessable value under the valuation rules was addressed; tribunal applied the flow-back/benefit test and prior rulings holding that buyer-paid freight for goods cleared through consignment agents at consignment depot is not includible in assessable value, and therefore excluded such freight from valuation. The tribunal also applied judicial discipline by following its earlier decisions for the same taxpayer/periods rather than divergent precedents, and accordingly set aside the impugned order and allowed the appeal with consequential relief.
Whether freight charged to buyers for consignments on a "freight to pay" basis must be included in assessable value under the valuation rules was addressed; tribunal applied the flow-back/benefit test and prior rulings holding that buyer-paid freight for goods cleared through consignment agents at consignment depot is not includible in assessable value, and therefore excluded such freight from valuation. The tribunal also applied judicial discipline by following its earlier decisions for the same taxpayer/periods rather than divergent precedents, and accordingly set aside the impugned order and allowed the appeal with consequential relief.
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