Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
The dominant issue was whether the ITAT has jurisdiction under s. 254 to stay the operation of an order under appeal even when no subsisting tax demand exists. Relying on settled law that an appellate forum possesses incidental and ancillary powers necessary to make its appellate jurisdiction effective, including grant of stay even absent an express statutory provision, the view that stay can be entertained only if a tax demand has arisen was held legally unsustainable. Consequently, the impugned order refusing to entertain the stay application for lack of jurisdiction was set aside and the matter was remitted for fresh consideration of the stay application during pendency of the appeal. - HC
The dominant issue was whether the ITAT has jurisdiction under s. 254 to stay the operation of an order under appeal even when no subsisting tax demand exists. Relying on settled law that an appellate forum possesses incidental and ancillary powers necessary to make its appellate jurisdiction effective, including grant of stay even absent an express statutory provision, the view that stay can be entertained only if a tax demand has arisen was held legally unsustainable. Consequently, the impugned order refusing to entertain the stay application for lack of jurisdiction was set aside and the matter was remitted for fresh consideration of the stay application during pendency of the appeal. - HC
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