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...
Customs valuation proceedings were maintainable against an STPI unit because section 14 and the valuation rules still governed assessment, even if no duty ultimately arose due to STPI status. The Tribunal held the importer and its parent were related persons throughout the dispute, as wholly owned subsidiary status established mutual interest and, after 2007, direct or indirect control satisfied the related-person test. For the Palladium system imported in 2006, the sale price was accepted because cost certificates showed full cost plus reasonable profit and there was no material to prove price influence. For the other post-2007 goods, loading of the supplier's average profit margin was upheld because the invoices were for customs purposes only and did not reflect arm's-length profit.
Customs valuation proceedings were maintainable against an STPI unit because section 14 and the valuation rules still governed assessment, even if no duty ultimately arose due to STPI status. The Tribunal held the importer and its parent were related persons throughout the dispute, as wholly owned subsidiary status established mutual interest and, after 2007, direct or indirect control satisfied the related-person test. For the Palladium system imported in 2006, the sale price was accepted because cost certificates showed full cost plus reasonable profit and there was no material to prove price influence. For the other post-2007 goods, loading of the supplier's average profit margin was upheld because the invoices were for customs purposes only and did not reflect arm's-length profit.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
