International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Once a search under section 132 had been conducted before issuance of notices under section 148, the cases fell within the special search assessment regime and the Assessing Officer had to proceed only under that overriding mechanism for the relevant six assessment years. The Tribunal applied Kabul Chawla and State Bank of India to hold that invoking the ordinary reassessment provisions under sections 147/148 after the search was contrary to the statutory scheme, rendering the notices and consequential assessments void ab initio. The reassessment notices and orders were therefore quashed as without jurisdiction.
Once a search under section 132 had been conducted before issuance of notices under section 148, the cases fell within the special search assessment regime and the Assessing Officer had to proceed only under that overriding mechanism for the relevant six assessment years. The Tribunal applied Kabul Chawla and State Bank of India to hold that invoking the ordinary reassessment provisions under sections 147/148 after the search was contrary to the statutory scheme, rendering the notices and consequential assessments void ab initio. The reassessment notices and orders were therefore quashed as without jurisdiction.
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