Food import sampling requirements support provisional release where unseized consignments conform to standards and raw areca classification is unestab...
Diagnostic microcuvette classification follows sole-use analytical function, placing specialised disposable cuvettes with their analyser rather than g...
Customs Broker licensing proceedings fail when their offence-report foundation collapses and authorisation, advisory, and KYC duties remain unbreached...
Tariff classification of Digital Axle Counters affirmed as electro-mechanical railway signalling equipment, eliminating duty, confiscation and penalty...
Judicial discipline prevents a lesser-strength Tribunal Bench from differing from or overruling a greater-strength Bench. It may record specific doubts and request the President to constitute a larger Bench; the President's statutory power to constitute Benches is not limited by the strength of the referring or questioned Bench. A reference must identify an overlooked provision, binding precedent, apparent error, or conflicting view. It cannot reopen uniform decisions through broad questions. Where remand had finally disposed of the appeal, no live lis remained and an opinion on refund limitation would have been advisory. The reference was improper, its questions remained unanswered, and uniform Tribunal rulings continued to bind lesser Benches and departmental authorities.
Judicial discipline prevents a lesser-strength Tribunal Bench from differing from or overruling a greater-strength Bench. It may record specific doubts and request the President to constitute a larger Bench; the President's statutory power to constitute Benches is not limited by the strength of the referring or questioned Bench. A reference must identify an overlooked provision, binding precedent, apparent error, or conflicting view. It cannot reopen uniform decisions through broad questions. Where remand had finally disposed of the appeal, no live lis remained and an opinion on refund limitation would have been advisory. The reference was improper, its questions remained unanswered, and uniform Tribunal rulings continued to bind lesser Benches and departmental authorities.
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