Implementation of Hon’ble Supreme Court's directions as per judgment dated 28.04.2023 in matter of Civil Appeal No. 290 of 2023 relating to ‘pre-Import condition’-reg.
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Pre-import condition compliance alters IGST and compensation cess liability; claimants may seek refund or input credit upon application. Imports failing the pre-import condition under the Advance Authorization scheme are liable for IGST and Compensation Cess; affected importers may apply to the jurisdictional commissioner for refund or input tax credit, subject to case-by-case examination. Ports must permit reassessment by cancelling the Out-of-Charge on the Bill of Entry, accept payment against an electronic Customs EDI challan, and create a notional OOC to transmit IGST and cess details to GSTN, enabling ITC subject to CGST eligibility and refund provisions.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Pre-import condition compliance alters IGST and compensation cess liability; claimants may seek refund or input credit upon application.
Imports failing the pre-import condition under the Advance Authorization scheme are liable for IGST and Compensation Cess; affected importers may apply to the jurisdictional commissioner for refund or input tax credit, subject to case-by-case examination. Ports must permit reassessment by cancelling the Out-of-Charge on the Bill of Entry, accept payment against an electronic Customs EDI challan, and create a notional OOC to transmit IGST and cess details to GSTN, enabling ITC subject to CGST eligibility and refund provisions.
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