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...
Declared value was rejected where the imported stock-lot goods were found to be about 7% higher in quantity than declared, and that discrepancy, with the importer's acceptance of enhanced value, justified doubt about transaction value; re-determination under Rule 12 and Rule 5 was sustained. The Tribunal held that the import had not yet reached the post-clearance stage, so the matter was one of re-assessment under section 17, not recovery of short-paid duty under section 28, and that the section 28 basis was legally incorrect. It further held that goods merely liable to confiscation are not automatically confiscable, and set aside confiscation, redemption fine, and the consequential section 114A penalty.
Declared value was rejected where the imported stock-lot goods were found to be about 7% higher in quantity than declared, and that discrepancy, with the importer's acceptance of enhanced value, justified doubt about transaction value; re-determination under Rule 12 and Rule 5 was sustained. The Tribunal held that the import had not yet reached the post-clearance stage, so the matter was one of re-assessment under section 17, not recovery of short-paid duty under section 28, and that the section 28 basis was legally incorrect. It further held that goods merely liable to confiscation are not automatically confiscable, and set aside confiscation, redemption fine, and the consequential section 114A penalty.
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