Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
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.
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