Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Writ jurisdiction and maintainability: the court held stock-exchange regulatory infractions affecting business rights are examinable under Article 226 and the writ petition is maintainable; absence of an application under s.8 does not bar the writ court-outcome: petition proceeded. Arbitration/arbitrator eligibility: executive director of the exchange is ineligible under s.12 and schedule disqualifications, so arbitration clause did not oust writ jurisdiction-outcome: arbitration objection rejected. Merits: no separate SCN requirement and adequate opportunity was afforded, and alleged natural-justice breach failed the prejudice test-outcome: substantive findings upheld. Board composition: the March 15, 2022 decision was taken by an unlawfully constituted Board lacking shareholder directors and is set aside. - HC
Writ jurisdiction and maintainability: the court held stock-exchange regulatory infractions affecting business rights are examinable under Article 226 and the writ petition is maintainable; absence of an application under s.8 does not bar the writ court-outcome: petition proceeded. Arbitration/arbitrator eligibility: executive director of the exchange is ineligible under s.12 and schedule disqualifications, so arbitration clause did not oust writ jurisdiction-outcome: arbitration objection rejected. Merits: no separate SCN requirement and adequate opportunity was afforded, and alleged natural-justice breach failed the prejudice test-outcome: substantive findings upheld. Board composition: the March 15, 2022 decision was taken by an unlawfully constituted Board lacking shareholder directors and is set aside. - HC
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