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...
Classification of used metal articles as waste and scrap turns on proof of serviceability; absent expert examination or documentary evidence that imported pipes were fit for original use, they must be treated as melting scrap. Revenue's on-site inspection without a chartered engineer and reliance on contemporaneous imports or subsequent clearances did not satisfy the burden to establish mis-declaration. Applying the Section Note definition of waste and scrap and precedential authority, confiscation, valuation enhancement and penalties were unsustainable and the impugned measures were set aside, with consequential relief to the importer.
Classification of used metal articles as waste and scrap turns on proof of serviceability; absent expert examination or documentary evidence that imported pipes were fit for original use, they must be treated as melting scrap. Revenue's on-site inspection without a chartered engineer and reliance on contemporaneous imports or subsequent clearances did not satisfy the burden to establish mis-declaration. Applying the Section Note definition of waste and scrap and precedential authority, confiscation, valuation enhancement and penalties were unsustainable and the impugned measures were set aside, with consequential relief to the importer.
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