Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
The High Court held that the mere pendency of an appeal before the Supreme Court against the CESTAT order would not entitle the Revenue Department to insist on provisional assessment of the imported goods. Since there was no stay on the CESTAT order classifying the goods under CTH 851770, the Petitioner shall be entitled to seek release of goods as per the CESTAT order, subject to the final decision of the Supreme Court and compliance with any directions issued therein. Consequently, the writ petition was disposed of.
The High Court held that the mere pendency of an appeal before the Supreme Court against the CESTAT order would not entitle the Revenue Department to insist on provisional assessment of the imported goods. Since there was no stay on the CESTAT order classifying the goods under CTH 851770, the Petitioner shall be entitled to seek release of goods as per the CESTAT order, subject to the final decision of the Supreme Court and compliance with any directions issued therein. Consequently, the writ petition was disposed of.
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