Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Exclusive licensing authority over export incentive eligibility was held to reside with the licensing regime, so Customs cannot unilaterally deny DEPB benefits where a valid scrip exists; such denial should be pursued with the licensing authority. Re-assessment under the Customs Act is confined to pre-export or live consignments and cannot be invoked after export; cancellation of Let Export Orders requires exercise of statutory revisionary remedy rather than suo moto action; self-assessment entitles review and appeal rights; recovery of DEPB-related liabilities prior to the special recovery provision was limited. Appeal allowed and impugned order set aside.
Exclusive licensing authority over export incentive eligibility was held to reside with the licensing regime, so Customs cannot unilaterally deny DEPB benefits where a valid scrip exists; such denial should be pursued with the licensing authority. Re-assessment under the Customs Act is confined to pre-export or live consignments and cannot be invoked after export; cancellation of Let Export Orders requires exercise of statutory revisionary remedy rather than suo moto action; self-assessment entitles review and appeal rights; recovery of DEPB-related liabilities prior to the special recovery provision was limited. Appeal allowed and impugned order set aside.
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