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...
Immediate suspension of a customs broker licence under the licensing regulations requires appropriateness, an evidential basis linking the broker to the alleged misconduct, and compliance with procedural safeguards including a post-decisional hearing and recorded reasons when continuing suspension; the Tribunal found the impugned continuing suspension legally unsustainable because the order failed to demonstrate necessity, did not record reasons, lacked evidence that the appellants handled the impugned imports, and predated the show-cause notice; the Tribunal set aside the suspension, directed completion of the pending licensing inquiry expeditiously, and permitted the appellants to resume brokering business pending that inquiry.
Immediate suspension of a customs broker licence under the licensing regulations requires appropriateness, an evidential basis linking the broker to the alleged misconduct, and compliance with procedural safeguards including a post-decisional hearing and recorded reasons when continuing suspension; the Tribunal found the impugned continuing suspension legally unsustainable because the order failed to demonstrate necessity, did not record reasons, lacked evidence that the appellants handled the impugned imports, and predated the show-cause notice; the Tribunal set aside the suspension, directed completion of the pending licensing inquiry expeditiously, and permitted the appellants to resume brokering business pending that inquiry.
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