2018 (2) TMI 1929

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....eopened the assessment pertaining to the assessment year 1996-97 on 28th March, 2003 on the ground that certain violations of the Customs Act in importing goods had come into light on the basis of proceedings initiated by the Directorate of Revenue Intelligence. The assessee went up in appeal before the Commissioner and was successful in having the proceeding under Section 147 of the Act invalidated on the ground of the same being time barred. The Commissioner did not find any of the exception clauses permitting the Revenue to proceed with the action beyond the stipulated four-year period, applicable in the case. 2. The Revenue was also unsuccessful in further appeal before the Tribunal. The Tribunal analysing the provisions and the fact....

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....ra-7 of this order. It is clear from the order of the Tribunal that no reassessment proceedings could be initiated merely on the basis of action initiated by Customs Department. We also find that in the case decided by the Tribunal the stage at which reassessment proceedings were initiated u/s. 147 of the Act was when show cause notice was issued by the Customs Authorities and in the reasons recorded by the AO in the present case also it was at the stage of show cause notice before the Customs Authorities. The decision rendered by the Tribunal will therefore squarely apply to the present case. (11) We are also of the view that admittedly, the proviso to sec.147 of the Act referred to in the earlier part of this order is applicable ....