Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Denial of SEIS benefits for FY 2016-17 on the ground that foreign exchange was realized in FY 2017-18 was held unsustainable because the prescribed form expressly permits claiming SEIS for foreign exchange earned in a financial year against services exported in the preceding year, and the relevant criterion is earning/realization of foreign exchange, not the year of export; the rejection order and consequential communication were set aside. Denial of SEIS benefits for components such as travel/transport, inspection, R&D, software, and re-invoicing was also held erroneous since these were integral to the exported engineering services and, once foreign exchange was earned for them, they were eligible; the matter was disposed with directions allowing the claim. - HC
Denial of SEIS benefits for FY 2016-17 on the ground that foreign exchange was realized in FY 2017-18 was held unsustainable because the prescribed form expressly permits claiming SEIS for foreign exchange earned in a financial year against services exported in the preceding year, and the relevant criterion is earning/realization of foreign exchange, not the year of export; the rejection order and consequential communication were set aside. Denial of SEIS benefits for components such as travel/transport, inspection, R&D, software, and re-invoicing was also held erroneous since these were integral to the exported engineering services and, once foreign exchange was earned for them, they were eligible; the matter was disposed with directions allowing the claim. - HC
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