Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
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Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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Declared value of second-hand imported machinery could not be enhanced merely because the Load Port Chartered Engineer's certificate omitted the year of manufacture. The Tribunal found that the importer had produced a valid Load Port certificate and that the goods were consistently identified as used, un-reconditioned machinery, with no dispute on their nature or particulars. Because the Board circular contemplated reliance on a local Chartered Engineer's certificate only where a proper Load Port certificate was absent, rejection of the declared transaction value was unjustified. Redetermination based solely on the local certificate was therefore untenable, and the enhanced valuation was set aside.
Declared value of second-hand imported machinery could not be enhanced merely because the Load Port Chartered Engineer's certificate omitted the year of manufacture. The Tribunal found that the importer had produced a valid Load Port certificate and that the goods were consistently identified as used, un-reconditioned machinery, with no dispute on their nature or particulars. Because the Board circular contemplated reliance on a local Chartered Engineer's certificate only where a proper Load Port certificate was absent, rejection of the declared transaction value was unjustified. Redetermination based solely on the local certificate was therefore untenable, and the enhanced valuation was set aside.
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