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...
ITAT upheld initiation of penalty for under-reported income in consequence of misreporting because the assessment order and show-cause notice clearly conveyed the charge, and requiring a more exact sub-clause specification would go beyond section 270A. It also rejected immunity under section 270AA, holding that such relief is unavailable where penalty proceedings are initiated for misreporting, so the application became infructuous once section 270A(9) was invoked. However, the penalty was deleted on merits in relation to labour cess disallowance, since all material facts were disclosed, the omission was a bona fide computational error, and the addition was tax neutral, bringing the case within the exclusion for bona fide explanations.
ITAT upheld initiation of penalty for under-reported income in consequence of misreporting because the assessment order and show-cause notice clearly conveyed the charge, and requiring a more exact sub-clause specification would go beyond section 270A. It also rejected immunity under section 270AA, holding that such relief is unavailable where penalty proceedings are initiated for misreporting, so the application became infructuous once section 270A(9) was invoked. However, the penalty was deleted on merits in relation to labour cess disallowance, since all material facts were disclosed, the omission was a bona fide computational error, and the addition was tax neutral, bringing the case within the exclusion for bona fide explanations.
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