Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
AO lacked jurisdiction to complete a set-aside regular assessment by relying on seized material that was not before the appellate authority at the time of set-aside; only material available at the time of set-aside may be applied in completing directions. The appellate authority must issue an enhancement notice and obtain the assessee's response before directing fresh assessment on enhanced grounds. Seized material obtained subsequently can only be pursued through separate search-assessment proceedings and cannot be injected into set-aside proceedings; the AO's use of such material rendered the assessment invalid.
AO lacked jurisdiction to complete a set-aside regular assessment by relying on seized material that was not before the appellate authority at the time of set-aside; only material available at the time of set-aside may be applied in completing directions. The appellate authority must issue an enhancement notice and obtain the assessee's response before directing fresh assessment on enhanced grounds. Seized material obtained subsequently can only be pursued through separate search-assessment proceedings and cannot be injected into set-aside proceedings; the AO's use of such material rendered the assessment invalid.
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