Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
The HC held that the petition challenging the Principal Commissioner's refusal to follow the Advance Ruling Authority's decision was not maintainable due to the availability of an alternative statutory remedy. The Court found no violation of natural justice as the petitioner was issued a show cause notice and given an opportunity to be heard. Allegations of non-consideration of relevant material are matters for appeal and do not justify bypassing the prescribed appellate mechanism. Under Sections 129A and 129B of the Customs Act, the Appellate Tribunal possesses broad powers to confirm, modify, annul, or remit orders for fresh adjudication, including the authority to admit additional evidence. Consequently, the statutory remedy is adequate and efficacious, and the petition was dismissed for non-exhaustion of alternate remedies.
The HC held that the petition challenging the Principal Commissioner's refusal to follow the Advance Ruling Authority's decision was not maintainable due to the availability of an alternative statutory remedy. The Court found no violation of natural justice as the petitioner was issued a show cause notice and given an opportunity to be heard. Allegations of non-consideration of relevant material are matters for appeal and do not justify bypassing the prescribed appellate mechanism. Under Sections 129A and 129B of the Customs Act, the Appellate Tribunal possesses broad powers to confirm, modify, annul, or remit orders for fresh adjudication, including the authority to admit additional evidence. Consequently, the statutory remedy is adequate and efficacious, and the petition was dismissed for non-exhaustion of alternate remedies.
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