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...
Unlocking or activating exported mobile phones was held to be only a configuration step to make the phones usable abroad, not taking the goods into use under the drawback rules. In light of the Delhi HC ruling in AIMS Retail Services, and the dismissal of the departmental challenge by the SC, the foundation for alleging misdeclaration and suppression failed. As that legal basis did not survive, confiscation of the exported phones, the redemption fine, and the penalties could not stand. The Tribunal therefore set aside the impugned order and granted consequential relief.
Unlocking or activating exported mobile phones was held to be only a configuration step to make the phones usable abroad, not taking the goods into use under the drawback rules. In light of the Delhi HC ruling in AIMS Retail Services, and the dismissal of the departmental challenge by the SC, the foundation for alleging misdeclaration and suppression failed. As that legal basis did not survive, confiscation of the exported phones, the redemption fine, and the penalties could not stand. The Tribunal therefore set aside the impugned order and granted consequential relief.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
