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...
Rule 17(2) deemed that packing machines in an unregistered unit operate from the financial year start, but contemporaneous documentary and testimonial evidence of purchase, transport and installation displaced the deeming to 16.05.2011, limiting duty to actual days of operation. Statements of third parties relied on by the department were inadmissible without cross-examination under Section 9D and, together with panchnama discrepancies, lacked probative value to establish clandestine manufacture or earlier clearance. Absent independent corroboration the Tribunal set aside demands and penalties premised on illicit manufacture or collusion and granted consequential relief.
Rule 17(2) deemed that packing machines in an unregistered unit operate from the financial year start, but contemporaneous documentary and testimonial evidence of purchase, transport and installation displaced the deeming to 16.05.2011, limiting duty to actual days of operation. Statements of third parties relied on by the department were inadmissible without cross-examination under Section 9D and, together with panchnama discrepancies, lacked probative value to establish clandestine manufacture or earlier clearance. Absent independent corroboration the Tribunal set aside demands and penalties premised on illicit manufacture or collusion and granted consequential relief.
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