Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Reassessment notice issued after three years was held barred by limitation because the factual foundation was incorrect. The Tribunal noted that the assessee's bank statements showed cash deposits of only Rs. 19,50,000 in the two IDBI Bank accounts, not the higher aggregate assumed by the AO. It held that the validity of notice under section 148 must be tested on the correct facts, and an otherwise time-barred notice cannot be sustained by relying on erroneous figures in the section 148A(b) notice, the section 148A(d) order, or the section 148 notice itself. The reassessment order was therefore also vitiated.
Reassessment notice issued after three years was held barred by limitation because the factual foundation was incorrect. The Tribunal noted that the assessee's bank statements showed cash deposits of only Rs. 19,50,000 in the two IDBI Bank accounts, not the higher aggregate assumed by the AO. It held that the validity of notice under section 148 must be tested on the correct facts, and an otherwise time-barred notice cannot be sustained by relying on erroneous figures in the section 148A(b) notice, the section 148A(d) order, or the section 148 notice itself. The reassessment order was therefore also vitiated.
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