Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
The text addresses whether delegated trade restrictions take effect only upon Gazette publication and whether transitional protection in para 1.05(b) of the Foreign Trade Policy applies. It reasons that law must be published to exist and that strict compliance with Gazette publication is a condition precedent to enforceability of delegated legislation, with the consequence that the Notification became operative only on its Gazette publication date. It further concludes that transitional protection applies to import transactions (irrevocable letters of credit) opened before that publication date, with the consequence that the introduced market intervention price could not be applied to those imports.
The text addresses whether delegated trade restrictions take effect only upon Gazette publication and whether transitional protection in para 1.05(b) of the Foreign Trade Policy applies. It reasons that law must be published to exist and that strict compliance with Gazette publication is a condition precedent to enforceability of delegated legislation, with the consequence that the Notification became operative only on its Gazette publication date. It further concludes that transitional protection applies to import transactions (irrevocable letters of credit) opened before that publication date, with the consequence that the introduced market intervention price could not be applied to those imports.
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