Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assess...
Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Penalty under section 271D was unsustainable because the Tribunal found that the impugned receipts were made through banking channels by cheque on the dates shown, and the lower authorities had proceeded on an incorrect assumption about the transaction year; once cheque receipts were established, no contravention of section 269SS survived. Penalty under section 271(1)(c) was also not leviable because the loss claim was based on audited accounts and related business expenditure, and mere acceptance of disallowance did not amount to furnishing inaccurate particulars. Applying Reliance Petro Products, the Tribunal deleted both penalties.
Penalty under section 271D was unsustainable because the Tribunal found that the impugned receipts were made through banking channels by cheque on the dates shown, and the lower authorities had proceeded on an incorrect assumption about the transaction year; once cheque receipts were established, no contravention of section 269SS survived. Penalty under section 271(1)(c) was also not leviable because the loss claim was based on audited accounts and related business expenditure, and mere acceptance of disallowance did not amount to furnishing inaccurate particulars. Applying Reliance Petro Products, the Tribunal deleted both penalties.
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