Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Statutory pre-deposit as a condition precedent to preferring an appeal must be complied with and non compliance renders an appeal liable to dismissal; where an efficacious statutory remedy exists, a writ petition challenging dismissal for failure to make the pre deposit is not maintainable and is liable to be dismissed. Payments made by one party cannot be set off or appropriated against another distinct party's statutory pre deposit obligation; separate liabilities remain. Failure to comply with pre deposit cannot be remedied by approaching the writ court absent changed circumstances, and the writ petition was dismissed for want of maintainability.
Statutory pre-deposit as a condition precedent to preferring an appeal must be complied with and non compliance renders an appeal liable to dismissal; where an efficacious statutory remedy exists, a writ petition challenging dismissal for failure to make the pre deposit is not maintainable and is liable to be dismissed. Payments made by one party cannot be set off or appropriated against another distinct party's statutory pre deposit obligation; separate liabilities remain. Failure to comply with pre deposit cannot be remedied by approaching the writ court absent changed circumstances, and the writ petition was dismissed for want of maintainability.
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