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...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
The writ challenge to denial of adjustment of excess IGST against ineligible ITC was not examined on merits because the dispute involved several factual issues better suited to statutory appellate scrutiny. The Court relegated the petitioner to the appellate remedy, directed the authority to grant a personal hearing, and left all contentions open for appeal. In doing so, the appellate authority was asked to consider the principles on rectification of bona fide and inadvertent errors stated in Star Engineers I Pvt. Ltd., while the Court itself did not adjudicate the validity of the impugned notifications. The appeal was to be entertained on merits without objection on limitation if filed within the time granted.
The writ challenge to denial of adjustment of excess IGST against ineligible ITC was not examined on merits because the dispute involved several factual issues better suited to statutory appellate scrutiny. The Court relegated the petitioner to the appellate remedy, directed the authority to grant a personal hearing, and left all contentions open for appeal. In doing so, the appellate authority was asked to consider the principles on rectification of bona fide and inadvertent errors stated in Star Engineers I Pvt. Ltd., while the Court itself did not adjudicate the validity of the impugned notifications. The appeal was to be entertained on merits without objection on limitation if filed within the time granted.
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