Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Classification under the Import Tariff Schedule was contested; the tribunal applied the principle that a specific tariff entry prevails over a general or residuary entry (Rule 3(a) GRI) and found the impugned reclassification unsustainable. The decision emphasised breach of natural justice where the adjudicating authority relied on a third party CIPET test report without furnishing it to the affected importer, and followed precedent holding such reclassification and demands liable to be set aside. Outcome: the impugned order and duty demand were set aside.
Classification under the Import Tariff Schedule was contested; the tribunal applied the principle that a specific tariff entry prevails over a general or residuary entry (Rule 3(a) GRI) and found the impugned reclassification unsustainable. The decision emphasised breach of natural justice where the adjudicating authority relied on a third party CIPET test report without furnishing it to the affected importer, and followed precedent holding such reclassification and demands liable to be set aside. Outcome: the impugned order and duty demand were set aside.
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