Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
CBDT Instruction No. 01/2011 placed jurisdiction over a corporate assessee in Kolkata with income above the prescribed limit in the AC/DC, so a reassessment notice issued by the Income Tax Officer lacked authority and the reopening was void ab initio. Separately, the Tribunal held that the NFAC had no jurisdiction to pass the reassessment order before the section 151A notification bringing the scheme into force, making that order equally void ab initio. The reassessment proceedings were therefore unsustainable on jurisdictional grounds and the assessee's appeal was allowed.
CBDT Instruction No. 01/2011 placed jurisdiction over a corporate assessee in Kolkata with income above the prescribed limit in the AC/DC, so a reassessment notice issued by the Income Tax Officer lacked authority and the reopening was void ab initio. Separately, the Tribunal held that the NFAC had no jurisdiction to pass the reassessment order before the section 151A notification bringing the scheme into force, making that order equally void ab initio. The reassessment proceedings were therefore unsustainable on jurisdictional grounds and the assessee's appeal was allowed.
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