Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Under the second proviso to Section 25-A(1), a rectification application received by the Assessing Authority and not rejected within sixty days is deemed allowed by legal fiction, and the later rectification order cannot override that statutory effect. The High Court held that the assessee's application received on 22.01.2010 stood allowed on expiry of sixty days, rendering the subsequent rectification and all consequential revisional, fresh assessment, refund and appellate proceedings without jurisdiction. On refund interest, the Court held that the right under Section 13-A accrued after expiry of ninety days from the deemed rectification date, and the assessee was entitled to interest at 6% per annum for the determined delay period.
Under the second proviso to Section 25-A(1), a rectification application received by the Assessing Authority and not rejected within sixty days is deemed allowed by legal fiction, and the later rectification order cannot override that statutory effect. The High Court held that the assessee's application received on 22.01.2010 stood allowed on expiry of sixty days, rendering the subsequent rectification and all consequential revisional, fresh assessment, refund and appellate proceedings without jurisdiction. On refund interest, the Court held that the right under Section 13-A accrued after expiry of ninety days from the deemed rectification date, and the assessee was entitled to interest at 6% per annum for the determined delay period.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
