Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
Exemption under s.10(23C)(iiiad) upheld; appeal allowed, interest and dividends excluded from annual receipts, disallowance deleted, capital gains exe...
The HC disposed the petition, directing release of all consignments except two, subject to conditions and pending adjudication. The court accepted the CRCL/FSSAI reports showing moisture content below 10% for most consignments, thereby classifying them as roasted areca nut rather than raw, and noted ten consignments had already been released. Because the Notification purporting to render roasted areca nut prohibited below a specified CIF value is stayed, the goods cannot presently be treated as prohibited; accordingly, further detention would be inappropriate given perishability. The respondents are restricted to initiating adjudication proceedings and proceeding in accordance with law; no prejudice will result from ordered releases.
The HC disposed the petition, directing release of all consignments except two, subject to conditions and pending adjudication. The court accepted the CRCL/FSSAI reports showing moisture content below 10% for most consignments, thereby classifying them as roasted areca nut rather than raw, and noted ten consignments had already been released. Because the Notification purporting to render roasted areca nut prohibited below a specified CIF value is stayed, the goods cannot presently be treated as prohibited; accordingly, further detention would be inappropriate given perishability. The respondents are restricted to initiating adjudication proceedings and proceeding in accordance with law; no prejudice will result from ordered releases.
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