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...
Export duty on iron ore fines had to be assessed with reference to the taxable event and the law in force on the date of export, so the later amendment could not be applied retrospectively to exports made earlier. The Court held that Fe content for the relevant shipping bills had to be determined on WMT basis, in line with Circular No. 04/2012-Cus., which remained binding on the Department while operative. The adjudicating authority erred in proceeding on DMT basis and in treating alleged fraud or DMT pricing as grounds to ignore the circular. The order was set aside and the matter remitted for fresh adjudication after hearing and confrontation of relied-upon material.
Export duty on iron ore fines had to be assessed with reference to the taxable event and the law in force on the date of export, so the later amendment could not be applied retrospectively to exports made earlier. The Court held that Fe content for the relevant shipping bills had to be determined on WMT basis, in line with Circular No. 04/2012-Cus., which remained binding on the Department while operative. The adjudicating authority erred in proceeding on DMT basis and in treating alleged fraud or DMT pricing as grounds to ignore the circular. The order was set aside and the matter remitted for fresh adjudication after hearing and confrontation of relied-upon material.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
