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...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
The dominant issue was whether a stay application under s. 220(6) could be rejected on the premise that it was not entertainable without a 20% pre-deposit of the outstanding demand. The court held that the assessing authority must exercise discretion under s. 220(6) on settled principles, including assessment of "undue hardship," and cannot treat a 20% deposit as a mandatory precondition for considering stay. Since the authority proceeded on an erroneous assumption of lack of power absent pre-deposit, the impugned rejection was set aside and the matter remitted for fresh consideration in accordance with the governing jurisprudence. - HC
The dominant issue was whether a stay application under s. 220(6) could be rejected on the premise that it was not entertainable without a 20% pre-deposit of the outstanding demand. The court held that the assessing authority must exercise discretion under s. 220(6) on settled principles, including assessment of "undue hardship," and cannot treat a 20% deposit as a mandatory precondition for considering stay. Since the authority proceeded on an erroneous assumption of lack of power absent pre-deposit, the impugned rejection was set aside and the matter remitted for fresh consideration in accordance with the governing jurisprudence. - HC
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