Transaction value cannot be rejected solely on non-statutory valuation guidelines without corroborative evidence supporting reassessment of final cust...
Cross-examination rights and corroborated evidence limit customs penalties for misdeclaration in genuine import transactions involving documented clea...
Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
The HC disposed of a writ application challenging an ex-parte assessment order for violation of natural justice principles covering the period 01.10.2018 to 31.03.2019. Following precedent established in a coordinate bench decision, the court directed that upon payment of ten percent of the disputed tax amount, the petitioner would be entitled to stay of recovery until GST Tribunals are constituted and an appeal is filed within the prescribed timeframe. Both parties agreed that the substantive issues could be agitated before the Tribunal once established. The court noted that while pre-deposit requirements had been reduced to ten percent, this reduction was only effective from 01.11.2024, and GST Tribunals remained unconstituted with no possibility of filing appeals before that date. The application was disposed of accordingly.
The HC disposed of a writ application challenging an ex-parte assessment order for violation of natural justice principles covering the period 01.10.2018 to 31.03.2019. Following precedent established in a coordinate bench decision, the court directed that upon payment of ten percent of the disputed tax amount, the petitioner would be entitled to stay of recovery until GST Tribunals are constituted and an appeal is filed within the prescribed timeframe. Both parties agreed that the substantive issues could be agitated before the Tribunal once established. The court noted that while pre-deposit requirements had been reduced to ten percent, this reduction was only effective from 01.11.2024, and GST Tribunals remained unconstituted with no possibility of filing appeals before that date. The application was disposed of accordingly.
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