Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
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The appellants imported goods and procured goods from the Domestic Tariff Area (DTA) under exemption notifications, allowing import and procurement of raw materials and components for export production. Due to technological changes, some imported raw materials and components became obsolete and unfit for manufacturing. The notification was amended, permitting destruction of raw materials under intimation to customs. Although the period of dispute predated the amendment, a harmonious reading of the Foreign Trade Policy (FTP) and the customs notification implied destruction of obsolete raw materials was allowed after intimation to customs if destroyed within the unit, and with permission if destroyed outside. Such permission was granted previously. Technological advancements necessitate provisions for destruction of obsolete goods. The FTP allowed destruction, but the notification lacked this provision until amended. Precedent Tribunal decisions support allowing destruction, and the appeals are allowed.
The appellants imported goods and procured goods from the Domestic Tariff Area (DTA) under exemption notifications, allowing import and procurement of raw materials and components for export production. Due to technological changes, some imported raw materials and components became obsolete and unfit for manufacturing. The notification was amended, permitting destruction of raw materials under intimation to customs. Although the period of dispute predated the amendment, a harmonious reading of the Foreign Trade Policy (FTP) and the customs notification implied destruction of obsolete raw materials was allowed after intimation to customs if destroyed within the unit, and with permission if destroyed outside. Such permission was granted previously. Technological advancements necessitate provisions for destruction of obsolete goods. The FTP allowed destruction, but the notification lacked this provision until amended. Precedent Tribunal decisions support allowing destruction, and the appeals are allowed.
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