Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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The Commissioner (Appeals) lacked power under section 251 to set aside and remit the reassessment orders because the impugned assessments were passed under section 143(3) read with section 147 and section 144B, not under section 144. The statutory power to send a matter back for fresh assessment was available only in a section 144 assessment, so the remand orders were unsustainable. The Tribunal accordingly restored the appeals to the Commissioner (Appeals) for adjudication on merits for both assessment years.
The Commissioner (Appeals) lacked power under section 251 to set aside and remit the reassessment orders because the impugned assessments were passed under section 143(3) read with section 147 and section 144B, not under section 144. The statutory power to send a matter back for fresh assessment was available only in a section 144 assessment, so the remand orders were unsustainable. The Tribunal accordingly restored the appeals to the Commissioner (Appeals) for adjudication on merits for both assessment years.
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