Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
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The HC entertained a writ under Article 226, holding territorial jurisdiction proper and the challenge not premature in light of recent statutory amendments permitting appeals against determinations. The petition was heard despite the statutory appellate forum because CESTAT was non-functional, rendering the alternative remedy illusory. On merits the HC found procedural irregularity and breach of natural justice: the designated authority accepted confidentiality claims without requiring non-confidential summaries or adequate reasons, thereby denying opportunity to contest reliance on confidential material in violation of Rule 7(2). The HC quashed the final findings and the duty levy and remanded the matter to the designated authority for fresh consideration from the petitioner's response stage; any duties collected remain subject to the ultimate outcome.
The HC entertained a writ under Article 226, holding territorial jurisdiction proper and the challenge not premature in light of recent statutory amendments permitting appeals against determinations. The petition was heard despite the statutory appellate forum because CESTAT was non-functional, rendering the alternative remedy illusory. On merits the HC found procedural irregularity and breach of natural justice: the designated authority accepted confidentiality claims without requiring non-confidential summaries or adequate reasons, thereby denying opportunity to contest reliance on confidential material in violation of Rule 7(2). The HC quashed the final findings and the duty levy and remanded the matter to the designated authority for fresh consideration from the petitioner's response stage; any duties collected remain subject to the ultimate outcome.
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