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...
The Tribunal held that the appeal was maintainable despite the baggage-related objection because the department had proceeded on a smuggling case, so the section 129A bar for baggage orders did not apply. It also held that statements of unexamined witnesses could not be used to support valuation, and accepted the manufacturer's confirmed invoice as the proper basis for valuing the Jacob watch. The remand on cross-examination and valuation was set aside, confiscation was upheld, and the condition restricting redemption to re-export was struck down. The appellant was left free to redeem the goods for home consumption or re-export on payment of the stated dues, and the penalties were reduced.
The Tribunal held that the appeal was maintainable despite the baggage-related objection because the department had proceeded on a smuggling case, so the section 129A bar for baggage orders did not apply. It also held that statements of unexamined witnesses could not be used to support valuation, and accepted the manufacturer's confirmed invoice as the proper basis for valuing the Jacob watch. The remand on cross-examination and valuation was set aside, confiscation was upheld, and the condition restricting redemption to re-export was struck down. The appellant was left free to redeem the goods for home consumption or re-export on payment of the stated dues, and the penalties were reduced.
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