International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Applying precedent distinguishing clerical errors from jurisdictional defects, the court held that an assessment framed in the name and PAN of an amalgamating non existent entity constitutes a substantive illegality and is void ab initio. Because the assessing officer had been informed of the amalgamation before the final order, the defect was held to be jurisdictional and not a curable procedural mistake; statutory remedial provision Section 292B and alleged ITBA/system glitches cannot validate such an assessment. The tribunal's quashing of the final assessment was therefore sustained and the appeal dismissed.
Applying precedent distinguishing clerical errors from jurisdictional defects, the court held that an assessment framed in the name and PAN of an amalgamating non existent entity constitutes a substantive illegality and is void ab initio. Because the assessing officer had been informed of the amalgamation before the final order, the defect was held to be jurisdictional and not a curable procedural mistake; statutory remedial provision Section 292B and alleged ITBA/system glitches cannot validate such an assessment. The tribunal's quashing of the final assessment was therefore sustained and the appeal dismissed.
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