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...
Writ jurisdiction is not meant to bypass the statutory appeal mechanism when the GSTAT has become functional and a notified period for filing appeals is available. Although writ relief may be entertained where the appellate forum is non-functional to avoid leaving an aggrieved party remediless, that rationale ends once the forum is operational. The Court held that the assessee must pursue the statutory appeal and strictly comply with the mandatory pre-deposit requirement under Section 112(8) before the appeal can be entertained. The writ petition was disposed of with directions to deposit the requisite amount and file the appeal within the notified timeline, leaving the merits of the appellate order open.
Writ jurisdiction is not meant to bypass the statutory appeal mechanism when the GSTAT has become functional and a notified period for filing appeals is available. Although writ relief may be entertained where the appellate forum is non-functional to avoid leaving an aggrieved party remediless, that rationale ends once the forum is operational. The Court held that the assessee must pursue the statutory appeal and strictly comply with the mandatory pre-deposit requirement under Section 112(8) before the appeal can be entertained. The writ petition was disposed of with directions to deposit the requisite amount and file the appeal within the notified timeline, leaving the merits of the appellate order open.
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