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...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
This instruction clarifies certain aspects of origin procedures under free trade agreements (FTAs), particularly regarding third-party invoicing. It emphasizes that the purpose of a certificate of origin (COO) is to serve as proof that goods qualify as originating under an FTA, irrespective of third-party invoicing. The seller's invoice, including a third-party invoice, is relevant for customs valuation. Where doubts arise about originating criteria, proper officers may seek information and supporting documents from importers, consistent with the FTA. If information is insufficient, verification with the issuing authority through the FTA Cell is triggered, following the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 (CAROTAR). The process must align with the FTA, without obligating importers to provide commercially confidential information or requiring specific currencies. Preferential duty claims can be denied without verification only if permitted by the FTA. Non-compliance must be established through due process, natural justice, and FTA obligations. Merely pointing out ineligible value addition elements may be insufficient to reject claims unless demonstrated that the prescribed value addition threshold is not met.
This instruction clarifies certain aspects of origin procedures under free trade agreements (FTAs), particularly regarding third-party invoicing. It emphasizes that the purpose of a certificate of origin (COO) is to serve as proof that goods qualify as originating under an FTA, irrespective of third-party invoicing. The seller's invoice, including a third-party invoice, is relevant for customs valuation. Where doubts arise about originating criteria, proper officers may seek information and supporting documents from importers, consistent with the FTA. If information is insufficient, verification with the issuing authority through the FTA Cell is triggered, following the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 (CAROTAR). The process must align with the FTA, without obligating importers to provide commercially confidential information or requiring specific currencies. Preferential duty claims can be denied without verification only if permitted by the FTA. Non-compliance must be established through due process, natural justice, and FTA obligations. Merely pointing out ineligible value addition elements may be insufficient to reject claims unless demonstrated that the prescribed value addition threshold is not met.
Note: It is a system-generated summary and is for quick reference only.
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