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...
Section 110(2) requires return of seized goods if notice under Section 124(a) is not issued within the stipulated period. Section 124's first proviso, however, permits oral notice and oral representation at the concerned person's request. A statement declining a show-cause notice or personal hearing does not itself establish that oral notice was given; together with the Department's assertion, it creates a factual dispute over whether oral proceedings and their statutory conditions existed. Such disputes, including alleged coercion in recording the statement, are not resolved in writ jurisdiction. The claim for automatic release of seized gold solely for lack of a written notice was rejected, leaving the competent authority to determine the oral proceedings and customs liability.
Section 110(2) requires return of seized goods if notice under Section 124(a) is not issued within the stipulated period. Section 124's first proviso, however, permits oral notice and oral representation at the concerned person's request. A statement declining a show-cause notice or personal hearing does not itself establish that oral notice was given; together with the Department's assertion, it creates a factual dispute over whether oral proceedings and their statutory conditions existed. Such disputes, including alleged coercion in recording the statement, are not resolved in writ jurisdiction. The claim for automatic release of seized gold solely for lack of a written notice was rejected, leaving the competent authority to determine the oral proceedings and customs liability.
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