Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Article 24 of the ASEAN-India Free Trade Area, which provides an inter-State consultation mechanism, does not displace Customs Authorities' statutory jurisdiction unless incorporated into municipal law. The Rules of Origin implement origin criteria but do not incorporate that dispute-resolution mechanism, so it cannot be privately enforced to bar Customs Act proceedings. Customs recovery powers for incorrect preferential-duty claims existed under the unamended provisions governing short levy, short payment and truthful bill-of-entry declarations. Origin-certificate particulars supporting preferential treatment form part of those declarations. The later certificate-of-origin verification regime added a specific procedure without creating or limiting the pre-existing general recovery power.
Article 24 of the ASEAN-India Free Trade Area, which provides an inter-State consultation mechanism, does not displace Customs Authorities' statutory jurisdiction unless incorporated into municipal law. The Rules of Origin implement origin criteria but do not incorporate that dispute-resolution mechanism, so it cannot be privately enforced to bar Customs Act proceedings. Customs recovery powers for incorrect preferential-duty claims existed under the unamended provisions governing short levy, short payment and truthful bill-of-entry declarations. Origin-certificate particulars supporting preferential treatment form part of those declarations. The later certificate-of-origin verification regime added a specific procedure without creating or limiting the pre-existing general recovery power.
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