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...
Once a return is filed and accepted under Section 153A, the earlier return under Section 139(1) is treated as non est for judging disclosure, so penalty under Section 271(1)(c) cannot be levied merely because the 153A return shows higher income. The ITAT also held that, in an unabated assessment, additions and penalty could not be sustained absent incriminating material found during search in relation to the voluntarily offered amounts. Relying on the principles in Neeraj Jindal and Abhisar Buildwell, the penalties for the relevant assessment years were deleted.
Once a return is filed and accepted under Section 153A, the earlier return under Section 139(1) is treated as non est for judging disclosure, so penalty under Section 271(1)(c) cannot be levied merely because the 153A return shows higher income. The ITAT also held that, in an unabated assessment, additions and penalty could not be sustained absent incriminating material found during search in relation to the voluntarily offered amounts. Relying on the principles in Neeraj Jindal and Abhisar Buildwell, the penalties for the relevant assessment years were deleted.
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