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 ...
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Where an alternative statutory appellate forum exists, the court held that a writ is maintainable only if that forum is non-functional or not constituted; conversely, where the forum is functional the writ court must refrain from adjudicating and insist on compliance with statutory preconditions for appeal. The court applied this principle to require strict observance of the pre-deposit obligation under Section 112(8) of the GST statute and ordered the petitioner to make the deposit (if not already made) and to file the appeal electronically within the timeline prescribed in the GSTAT e-Filing User Advisor; petition disposed. - HC
Where an alternative statutory appellate forum exists, the court held that a writ is maintainable only if that forum is non-functional or not constituted; conversely, where the forum is functional the writ court must refrain from adjudicating and insist on compliance with statutory preconditions for appeal. The court applied this principle to require strict observance of the pre-deposit obligation under Section 112(8) of the GST statute and ordered the petitioner to make the deposit (if not already made) and to file the appeal electronically within the timeline prescribed in the GSTAT e-Filing User Advisor; petition disposed. - HC
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