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...
Import entitlement for dried cranberry was sustained because the product falls within the generic category 'fruit', and denial of duty-free import under post-export Duty Free Import Authorisations (DFIAs) lacked factual basis. The tribunal held transferable post-export DFIAs are not subject to an actual user condition for transferees, and struck down a value-cap public notice as invalid for lacking gazette notification. The assessing and firstappellate authorities failed to issue a speaking, reasoned order, warranting relief. The impugned orders were set aside and the licensing authority directed to restore/revalidate the lapsed DFIA for the unexpired period from bill of entry presentation.
Import entitlement for dried cranberry was sustained because the product falls within the generic category 'fruit', and denial of duty-free import under post-export Duty Free Import Authorisations (DFIAs) lacked factual basis. The tribunal held transferable post-export DFIAs are not subject to an actual user condition for transferees, and struck down a value-cap public notice as invalid for lacking gazette notification. The assessing and firstappellate authorities failed to issue a speaking, reasoned order, warranting relief. The impugned orders were set aside and the licensing authority directed to restore/revalidate the lapsed DFIA for the unexpired period from bill of entry presentation.
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