Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Judicial discipline prevents a lesser-strength Tribunal Bench from differing from or overruling a greater-strength Bench. It may record specific doubts and request the President to constitute a larger Bench; the President's statutory power to constitute Benches is not limited by the strength of the referring or questioned Bench. A reference must identify an overlooked provision, binding precedent, apparent error, or conflicting view. It cannot reopen uniform decisions through broad questions. Where remand had finally disposed of the appeal, no live lis remained and an opinion on refund limitation would have been advisory. The reference was improper, its questions remained unanswered, and uniform Tribunal rulings continued to bind lesser Benches and departmental authorities.
Judicial discipline prevents a lesser-strength Tribunal Bench from differing from or overruling a greater-strength Bench. It may record specific doubts and request the President to constitute a larger Bench; the President's statutory power to constitute Benches is not limited by the strength of the referring or questioned Bench. A reference must identify an overlooked provision, binding precedent, apparent error, or conflicting view. It cannot reopen uniform decisions through broad questions. Where remand had finally disposed of the appeal, no live lis remained and an opinion on refund limitation would have been advisory. The reference was improper, its questions remained unanswered, and uniform Tribunal rulings continued to bind lesser Benches and departmental authorities.
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