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...
Differential CVD on imported mobile phones could not be recovered on the basis of alleged post-import alteration of retail sale price. The Tribunal found no sufficient evidence that the importer itself misdeclared or later manipulated the RSP, and rejected the attempt to treat the importer and distributor as one entity because the distributor was a separate legal person and there was no basis to pierce the corporate veil. It also held that customs law contained no machinery to redetermine RSP for reassessment of additional duty, and that any post-import relabelling would, at most, raise deemed manufacture consequences under central excise law. The demand, confiscation and penalties were therefore set aside.
Differential CVD on imported mobile phones could not be recovered on the basis of alleged post-import alteration of retail sale price. The Tribunal found no sufficient evidence that the importer itself misdeclared or later manipulated the RSP, and rejected the attempt to treat the importer and distributor as one entity because the distributor was a separate legal person and there was no basis to pierce the corporate veil. It also held that customs law contained no machinery to redetermine RSP for reassessment of additional duty, and that any post-import relabelling would, at most, raise deemed manufacture consequences under central excise law. The demand, confiscation and penalties were therefore set aside.
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