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...
HC held that the statutory mandate of personal hearing under Section 75(4) could not be displaced by the petitioner's earlier indication in Form GST DRC-06 declining such hearing. Once an adverse order was proposed, the authority was required to grant a further opportunity of hearing before final adjudication. As no hearing was afforded, the order was vitiated by breach of natural justice and was set aside without examining the merits of the demand. The matter was remanded for fresh decision after giving the required opportunity of hearing within the time fixed by the Court.
HC held that the statutory mandate of personal hearing under Section 75(4) could not be displaced by the petitioner's earlier indication in Form GST DRC-06 declining such hearing. Once an adverse order was proposed, the authority was required to grant a further opportunity of hearing before final adjudication. As no hearing was afforded, the order was vitiated by breach of natural justice and was set aside without examining the merits of the demand. The matter was remanded for fresh decision after giving the required opportunity of hearing within the time fixed by the Court.
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