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...
An assessing officer must not treat the value adopted by the registering/stamp valuation authority as deemed sale consideration under Section 50C without referring the matter to the departmental Valuation Officer/Valuation Cell to determine fair market value; where the assessee disputed the adopted value and did not participate, the AO should still use the statutory valuation machinery and afford the assessee a reasonable opportunity to be heard and to produce fresh documentary evidence. The assessment was set aside and remitted for valuation by the DVO and recomputation of short term capital gains in accordance with law after hearing the assessee.
An assessing officer must not treat the value adopted by the registering/stamp valuation authority as deemed sale consideration under Section 50C without referring the matter to the departmental Valuation Officer/Valuation Cell to determine fair market value; where the assessee disputed the adopted value and did not participate, the AO should still use the statutory valuation machinery and afford the assessee a reasonable opportunity to be heard and to produce fresh documentary evidence. The assessment was set aside and remitted for valuation by the DVO and recomputation of short term capital gains in accordance with law after hearing the assessee.
Note: It is a system-generated summary and is for quick reference only.