Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Drawback recovery from an exporter whose goods were shipped under another entity's IEC requires evidence that the exporter actually received the drawback; ICES ordinarily credits the IEC holder's bank account. Recovery is an execution proceeding, but interest liability arises only upon proof of payment to that exporter. Goods already taken outside India are exported goods, not export goods liable to confiscation under section 113, so consequential section 114 penalties fail. Export through another person's IEC may breach foreign trade law, but section 114AA penalties require evidence of knowing or intentional use of materially false customs declarations or documents. The Tribunal set aside recovery and penalties, allowing the appeals with consequential relief.
Drawback recovery from an exporter whose goods were shipped under another entity's IEC requires evidence that the exporter actually received the drawback; ICES ordinarily credits the IEC holder's bank account. Recovery is an execution proceeding, but interest liability arises only upon proof of payment to that exporter. Goods already taken outside India are exported goods, not export goods liable to confiscation under section 113, so consequential section 114 penalties fail. Export through another person's IEC may breach foreign trade law, but section 114AA penalties require evidence of knowing or intentional use of materially false customs declarations or documents. The Tribunal set aside recovery and penalties, allowing the appeals with consequential relief.
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