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 ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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