Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Reopening of assessment under sections 147/148 was quashed where the recorded reasons and administrative approval proceeded on the erroneous factual premise that no return was filed, demonstrating a failure of application of mind and vitiating jurisdiction. On the merits, the tribunal reaffirmed that for additions under section 68 the assessee must first prove identity, creditworthiness and genuineness; once documentary evidence is produced the AO bears the burden to rebut with cogent material, which was not done here, so additions were deleted. An addition characterised as unexplained expenditure was also deleted where it was recorded as pre operative expenditure in audited books not rejected under section 145(3).
Reopening of assessment under sections 147/148 was quashed where the recorded reasons and administrative approval proceeded on the erroneous factual premise that no return was filed, demonstrating a failure of application of mind and vitiating jurisdiction. On the merits, the tribunal reaffirmed that for additions under section 68 the assessee must first prove identity, creditworthiness and genuineness; once documentary evidence is produced the AO bears the burden to rebut with cogent material, which was not done here, so additions were deleted. An addition characterised as unexplained expenditure was also deleted where it was recorded as pre operative expenditure in audited books not rejected under section 145(3).
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