Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
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...
Reopening beyond four years was invalid because the recorded reasons showed reliance on material already examined in the original scrutiny, not on any fresh tangible material. The Tribunal noted that the AO had specifically called for and reviewed purchase bills, ledgers, bank statements, export details and related records before completing the assessment without addition. In these circumstances, there was no failure by the assessee to disclose fully and truly all material facts, and reopening on the same material amounted to a change of opinion. The jurisdictional condition under the proviso to section 147 was not met, so the reassessment proceedings were held bad in law and quashed.
Reopening beyond four years was invalid because the recorded reasons showed reliance on material already examined in the original scrutiny, not on any fresh tangible material. The Tribunal noted that the AO had specifically called for and reviewed purchase bills, ledgers, bank statements, export details and related records before completing the assessment without addition. In these circumstances, there was no failure by the assessee to disclose fully and truly all material facts, and reopening on the same material amounted to a change of opinion. The jurisdictional condition under the proviso to section 147 was not met, so the reassessment proceedings were held bad in law and quashed.
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