Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
CESTAT held that preferential exemption could not be denied by rejecting the Certificate of Origin and recomputing Local Value Added Content through an alternate method contrary to the Interim Rules of Origin. The Rules required computation with reference to FOB value and CIF value of non-originating materials, and the designated foreign authority's certificate could not be ignored without using the prescribed verification mechanism. Because the importer had produced the certificate and was not required to verify the supplier's internal cost structure, the exemption claim remained valid. Once exemption was upheld, the duty demand failed, and the extended period and penalties under Sections 114A and 114AA were unsustainable for want of wilful suppression or intent to evade duty.
CESTAT held that preferential exemption could not be denied by rejecting the Certificate of Origin and recomputing Local Value Added Content through an alternate method contrary to the Interim Rules of Origin. The Rules required computation with reference to FOB value and CIF value of non-originating materials, and the designated foreign authority's certificate could not be ignored without using the prescribed verification mechanism. Because the importer had produced the certificate and was not required to verify the supplier's internal cost structure, the exemption claim remained valid. Once exemption was upheld, the duty demand failed, and the extended period and penalties under Sections 114A and 114AA were unsustainable for want of wilful suppression or intent to evade duty.
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