Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Imported petroleum product once cleared as condensate on chemical testing and supporting certificates could not be reclassified as light oil unless the department discharged the burden of proving that the exact Chapter Note test was met. The Tribunal held that the departmental material did not satisfy the requirement of 90% or more distillation at 210 C, and no basis was shown to reject the original load port report; the proposed reclassification therefore failed. It further held that revenue neutrality, because the importer was also entitled to credit of any higher duty, indicated absence of intent to evade, and the demand, confiscation and penalties were not sustainable.
Imported petroleum product once cleared as condensate on chemical testing and supporting certificates could not be reclassified as light oil unless the department discharged the burden of proving that the exact Chapter Note test was met. The Tribunal held that the departmental material did not satisfy the requirement of 90% or more distillation at 210 C, and no basis was shown to reject the original load port report; the proposed reclassification therefore failed. It further held that revenue neutrality, because the importer was also entitled to credit of any higher duty, indicated absence of intent to evade, and the demand, confiscation and penalties were not sustainable.
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