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 ...
Constitutional challenge concerned Clause (d) proviso to Rule 5(1) of the West Bengal Excise (Change in Management) Rules, 2009: the Court found the original wording created unjustifiable intra class discrimination between private and public limited companies lacking an intelligible differentia, applied the Budhan Choudhry rational nexus test and read Clause (d) to include "change in management in the usual course of business" for private companies, preserving the exemption for death of directors. The Court also held the 2020 Notification defining "change in management" was not a retrospective clarificatory amendment and cannot alter pre existing substantive rights.
Constitutional challenge concerned Clause (d) proviso to Rule 5(1) of the West Bengal Excise (Change in Management) Rules, 2009: the Court found the original wording created unjustifiable intra class discrimination between private and public limited companies lacking an intelligible differentia, applied the Budhan Choudhry rational nexus test and read Clause (d) to include "change in management in the usual course of business" for private companies, preserving the exemption for death of directors. The Court also held the 2020 Notification defining "change in management" was not a retrospective clarificatory amendment and cannot alter pre existing substantive rights.
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