Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Declared transaction value could not be rejected merely because the discount appeared abnormal, where the importer produced invoices, purchase orders and Cisco communications supporting the higher discount, and the Revenue's comparative material was not examined for comparability. The Tribunal noted there was no allegation of relationship between the importer and supplier or of any payment over and above invoice price. Because the evidentiary record on both sides had not been properly considered, the rejection of value was unsustainable. The order was set aside and the matter remanded for fresh examination of the documents and redetermination of assessable value.
Declared transaction value could not be rejected merely because the discount appeared abnormal, where the importer produced invoices, purchase orders and Cisco communications supporting the higher discount, and the Revenue's comparative material was not examined for comparability. The Tribunal noted there was no allegation of relationship between the importer and supplier or of any payment over and above invoice price. Because the evidentiary record on both sides had not been properly considered, the rejection of value was unsustainable. The order was set aside and the matter remanded for fresh examination of the documents and redetermination of assessable value.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
