Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examinat...
FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
After remand, the Tribunal held that the only surviving issue was whether post-export conversion of free and drawback shipping bills to the advance authorisation scheme was supported by the documentary record. It found that the Commissioner could not again reject the request merely because the goods had passed through RMS without physical examination at export, where the earlier rejection had been on limitation and the remand was limited to verification of documents. Certificates issued by Central Excise authorities identified the relevant advance authorisation numbers, and the Chartered Accountant's certificate matched the import and export particulars shipping bill-wise. In the absence of contrary material, documentary verification was treated as sufficient and conversion was allowed.
After remand, the Tribunal held that the only surviving issue was whether post-export conversion of free and drawback shipping bills to the advance authorisation scheme was supported by the documentary record. It found that the Commissioner could not again reject the request merely because the goods had passed through RMS without physical examination at export, where the earlier rejection had been on limitation and the remand was limited to verification of documents. Certificates issued by Central Excise authorities identified the relevant advance authorisation numbers, and the Chartered Accountant's certificate matched the import and export particulars shipping bill-wise. In the absence of contrary material, documentary verification was treated as sufficient and conversion was allowed.
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