Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
An actual user condition cannot be imposed on imports under a transferable post-export DFIA through a mere public notice; the scheme is distinct from advance authorisation and does not carry an inbuilt actual-user restriction for the transferee. The Tribunal's power to test the vires of statutory or subordinate legislation within its field is affirmed, and such a challenge is not excluded in a customs dispute. For expired DFIAs, where the licences remained unutilised because the benefit had been denied, Customs is to issue a factual certificate to DGFT so revalidation may be considered by the competent authority.
An actual user condition cannot be imposed on imports under a transferable post-export DFIA through a mere public notice; the scheme is distinct from advance authorisation and does not carry an inbuilt actual-user restriction for the transferee. The Tribunal's power to test the vires of statutory or subordinate legislation within its field is affirmed, and such a challenge is not excluded in a customs dispute. For expired DFIAs, where the licences remained unutilised because the benefit had been denied, Customs is to issue a factual certificate to DGFT so revalidation may be considered by the competent authority.
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