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...
The ITAT set aside ex parte appellate orders dismissing the assessee's appeals as time barred, holding that delay should not defeat consideration where the challenge goes to the jurisdiction to levy late fee under section 234E for the period before 1 June 2015. Following the Kerala High Court decision in Jiji Varghese, the Tribunal held that the first appellate authority ought to have condoned the delay and heard the appeals on merits. It did not decide the validity of the levy itself and remanded the matters for fresh adjudication after giving the assessee a reasonable opportunity of hearing.
The ITAT set aside ex parte appellate orders dismissing the assessee's appeals as time barred, holding that delay should not defeat consideration where the challenge goes to the jurisdiction to levy late fee under section 234E for the period before 1 June 2015. Following the Kerala High Court decision in Jiji Varghese, the Tribunal held that the first appellate authority ought to have condoned the delay and heard the appeals on merits. It did not decide the validity of the levy itself and remanded the matters for fresh adjudication after giving the assessee a reasonable opportunity of hearing.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
