Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority...
The High Court considered whether a slump sale under the BTA would be taxable as a sale of goods u/s the MVAT Act. The reviewing authority exceeded its jurisdiction by dissecting the BTA and copying reasoning from a service tax demand notice. The intangible assets in Schedule 3.3 of the BTA could not be considered as sale of goods, and taxing them was a flawed approach. The reviewing authority misinterpreted the BTA and the MVAT Act, leading to an illegal order. The Court held that the slump sale did not amount to sale of goods u/s the MVAT Act, and set aside the impugned order. The petition was allowed.
The High Court considered whether a slump sale under the BTA would be taxable as a sale of goods u/s the MVAT Act. The reviewing authority exceeded its jurisdiction by dissecting the BTA and copying reasoning from a service tax demand notice. The intangible assets in Schedule 3.3 of the BTA could not be considered as sale of goods, and taxing them was a flawed approach. The reviewing authority misinterpreted the BTA and the MVAT Act, leading to an illegal order. The Court held that the slump sale did not amount to sale of goods u/s the MVAT Act, and set aside the impugned order. The petition was allowed.
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