Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
Sanction for reassessment beyond three years must be granted by the authority specified in section 151(ii) as it stood prior to the 01.04.2023 amendment; approval by a Principal Commissioner not so empowered rendered the sanction invalid. Relying on binding jurisdictional precedent, the article explains that the proviso inserted w.e.f. 01.04.2023 cannot be applied retrospectively, and consequently notices issued under section 148, orders under section 148A(d) and all consequential reassessment proceedings lacked valid sanction and were quashed. The Tribunal therefore did not address the substantive additions.
Sanction for reassessment beyond three years must be granted by the authority specified in section 151(ii) as it stood prior to the 01.04.2023 amendment; approval by a Principal Commissioner not so empowered rendered the sanction invalid. Relying on binding jurisdictional precedent, the article explains that the proviso inserted w.e.f. 01.04.2023 cannot be applied retrospectively, and consequently notices issued under section 148, orders under section 148A(d) and all consequential reassessment proceedings lacked valid sanction and were quashed. The Tribunal therefore did not address the substantive additions.
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