International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
The dominant issue was whether a penalty order under s.271(1)(c) could be validly passed during pendency of the quantum appeal, and within the limitation framework of s.275. Relying on binding precedent, the Court held that such penalty orders are premature, illegal, and without jurisdiction because the authority must keep penalty proceedings in abeyance until the appellate forum disposes of the appeal, upon which jurisdiction to impose penalty would arise. The Court also held that the Finance Act, 2025 amendment to s.275 applies prospectively to pending matters from 1 April 2025 but does not revive limitation already expired by 31 March 2025. The impugned penalty order was quashed. - HC
The dominant issue was whether a penalty order under s.271(1)(c) could be validly passed during pendency of the quantum appeal, and within the limitation framework of s.275. Relying on binding precedent, the Court held that such penalty orders are premature, illegal, and without jurisdiction because the authority must keep penalty proceedings in abeyance until the appellate forum disposes of the appeal, upon which jurisdiction to impose penalty would arise. The Court also held that the Finance Act, 2025 amendment to s.275 applies prospectively to pending matters from 1 April 2025 but does not revive limitation already expired by 31 March 2025. The impugned penalty order was quashed. - HC
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