Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
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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