Supervisory permanent establishment requires project-wise duration and qualifying construction nexus; offshore supplies and salary reimbursements rema...
Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
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Writ jurisdiction ordinarily should not bypass the customs appellate mechanism where an effective further statutory remedy exists and resolving the challenge requires examination of disputed facts or merits. Mandatory pre-deposit is a condition for entertaining the statutory appeal and is not ordinarily avoided through a writ petition merely on financial-hardship grounds. Alleged denial of cross-examination and challenges to evidence, penalty legality, or adjudication generally belong before the competent appellate forum when inseparable from the merits. The petition was dismissed without merits review, with liberty to pursue the available appellate remedy and all merits issues left open.
Writ jurisdiction ordinarily should not bypass the customs appellate mechanism where an effective further statutory remedy exists and resolving the challenge requires examination of disputed facts or merits. Mandatory pre-deposit is a condition for entertaining the statutory appeal and is not ordinarily avoided through a writ petition merely on financial-hardship grounds. Alleged denial of cross-examination and challenges to evidence, penalty legality, or adjudication generally belong before the competent appellate forum when inseparable from the merits. The petition was dismissed without merits review, with liberty to pursue the available appellate remedy and all merits issues left open.
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