Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Reassessment under section 147 was invalid where the AO reopened the case on AIR information on the premise that the assessee was a non-PAN holder and had not filed a return, although the original return had already disclosed the property transfer, capital gains particulars and exemption claim. The Tribunal also found that the statutory notice under section 148, which confers jurisdiction for reassessment, was never served and no effective attempt at service was shown. As the reopening was also initiated beyond six years from the relevant assessment year, the reassessment was held to be without jurisdiction and void ab initio.
Reassessment under section 147 was invalid where the AO reopened the case on AIR information on the premise that the assessee was a non-PAN holder and had not filed a return, although the original return had already disclosed the property transfer, capital gains particulars and exemption claim. The Tribunal also found that the statutory notice under section 148, which confers jurisdiction for reassessment, was never served and no effective attempt at service was shown. As the reopening was also initiated beyond six years from the relevant assessment year, the reassessment was held to be without jurisdiction and void ab initio.
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