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...
An exemption notification that alters the aggregate duty payable is treated as directly and proximately relating to the rate of duty or value for assessment; applying the Direct and Proximate Relation Test, where a classification issue is accompanied by a claim under an exemption notification affecting duty/value, the exclusion from High Court appellate jurisdiction applies and the proper remedy is to the Supreme Court under Section 130E. Consequentially, appeals to the High Court were held not maintainable and the department may approach the Supreme Court.
An exemption notification that alters the aggregate duty payable is treated as directly and proximately relating to the rate of duty or value for assessment; applying the Direct and Proximate Relation Test, where a classification issue is accompanied by a claim under an exemption notification affecting duty/value, the exclusion from High Court appellate jurisdiction applies and the proper remedy is to the Supreme Court under Section 130E. Consequentially, appeals to the High Court were held not maintainable and the department may approach the Supreme Court.
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