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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Maintainability of a demand under Section 28 for imported recycled LDPE granules was challenged on procedural grounds: the adjudicating authority cited relied upon documents (RUDs) in the show cause notice but did not furnish them to the importer, undermining procedural fairness and the provisional assessment. The tribunal treated the failure to provide RUDs and inconsistent findings as decisive, set aside the demands, appropriation of deposits, penalties and confiscation, and granted consequential reliefs to the appellants, relying on tribunal precedent to invalidate the assessment measures.
Maintainability of a demand under Section 28 for imported recycled LDPE granules was challenged on procedural grounds: the adjudicating authority cited relied upon documents (RUDs) in the show cause notice but did not furnish them to the importer, undermining procedural fairness and the provisional assessment. The tribunal treated the failure to provide RUDs and inconsistent findings as decisive, set aside the demands, appropriation of deposits, penalties and confiscation, and granted consequential reliefs to the appellants, relying on tribunal precedent to invalidate the assessment measures.
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