Implementation of direction of Hon'ble Supreme Court in judgment dated 28.04.2023 in matter of Civil Appeal No. 290 of 2023 relating to 'pre-import condition'
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Pre-import condition non-compliance requires tax payment, with eligible input credit or refund mechanisms after reassessment. Imports under Advance Authorization that did not satisfy the pre-import condition are required to pay applicable IGST and compensation cess with interest. The assessment group will cancel the out-of-charge order, reassess the bill of entry, and enable payment through the Customs EDI System. Following payment, a notional out-of-charge order will transmit relevant tax details to the GST portal. Input tax credit and any refund connected with zero-rated supplies remain subject to applicable CGST eligibility conditions and restrictions.
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 non-compliance requires tax payment, with eligible input credit or refund mechanisms after reassessment.
Imports under Advance Authorization that did not satisfy the pre-import condition are required to pay applicable IGST and compensation cess with interest. The assessment group will cancel the out-of-charge order, reassess the bill of entry, and enable payment through the Customs EDI System. Following payment, a notional out-of-charge order will transmit relevant tax details to the GST portal. Input tax credit and any refund connected with zero-rated supplies remain subject to applicable CGST eligibility conditions and restrictions.
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