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 the appellate tribunal could, in an assessee's appeal, set aside the adjudicating authority's unchallenged direction permitting redemption fine and re-export, and thereby sustain absolute confiscation. Since the Department neither filed an appeal nor cross-objections and did not invoke statutory review remedies, the redemption and re-export direction had attained finality and did not arise from the assessee's grounds. Despite the tribunal's wide powers under the statute, it could not travel beyond the scope of the appeal to grant relief adverse to the assessee on an aspect not under challenge, amounting to excess of jurisdiction. The tribunal's interference was therefore set aside and the appeal was allowed. - HC
The dominant issue was whether the appellate tribunal could, in an assessee's appeal, set aside the adjudicating authority's unchallenged direction permitting redemption fine and re-export, and thereby sustain absolute confiscation. Since the Department neither filed an appeal nor cross-objections and did not invoke statutory review remedies, the redemption and re-export direction had attained finality and did not arise from the assessee's grounds. Despite the tribunal's wide powers under the statute, it could not travel beyond the scope of the appeal to grant relief adverse to the assessee on an aspect not under challenge, amounting to excess of jurisdiction. The tribunal's interference was therefore set aside and the appeal was allowed. - HC
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