Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Under the EPCG framework, the Tribunal treated the FTDR Act, Foreign Trade Policy, Handbook of Procedures and Customs notification as an integrated scheme and held that fulfilment of export obligation and validity of EODCs primarily lie with DGFT. Third-party exports were recognised as permissible under the scheme, which is value-based and does not require a rigid one-to-one correlation between imported capital goods and each export consignment. Because the EODCs had been restored by the competent DGFT appellate authority and the alleged fraud was not supported by primary documentary evidence, Customs could not disregard those subsisting determinations or deny EPCG benefits. On the same reasoning, penalties, confiscation and redemption fine were unsustainable.
Under the EPCG framework, the Tribunal treated the FTDR Act, Foreign Trade Policy, Handbook of Procedures and Customs notification as an integrated scheme and held that fulfilment of export obligation and validity of EODCs primarily lie with DGFT. Third-party exports were recognised as permissible under the scheme, which is value-based and does not require a rigid one-to-one correlation between imported capital goods and each export consignment. Because the EODCs had been restored by the competent DGFT appellate authority and the alleged fraud was not supported by primary documentary evidence, Customs could not disregard those subsisting determinations or deny EPCG benefits. On the same reasoning, penalties, confiscation and redemption fine were unsustainable.
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