Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
Change of corporate management after approved resolution plan - writ maintainable; property attachment not 'transfer' under PBPT; Section 32A protecti...
The central issue is classification of a repackaged rice bran oil marketed as lamp oil under competing tariff headings; the Court declined to determine classification, reasoning that statutory administrative and appellate fora must decide classification to secure uniformity and avoid divergent High Court rulings, and because material factual disputes require adjudication by the designated authorities. Outcome: the writ petition is dismissed, and the petitioner is granted liberty to pursue the statutory appeal before the Appellate Authority within 30 days. - HC
The central issue is classification of a repackaged rice bran oil marketed as lamp oil under competing tariff headings; the Court declined to determine classification, reasoning that statutory administrative and appellate fora must decide classification to secure uniformity and avoid divergent High Court rulings, and because material factual disputes require adjudication by the designated authorities. Outcome: the writ petition is dismissed, and the petitioner is granted liberty to pursue the statutory appeal before the Appellate Authority within 30 days. - HC
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