Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examinat...
FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
EODC certificates issued by DGFT are determinative of discharge of EPCG export obligations; Customs lacks jurisdiction to re-adjudge fulfilment absent prior DGFT cancellation. The Tribunal relied on prior CESTAT precedents to conclude that confirmation of demand and imposition of penalties by Customs cannot stand where no DGFT adjudication revoked the EODC. Consequently, demands and penalties confirmed by Customs in such circumstances were set aside, restoring the effect of the DGFT certificate as evidence of export obligation fulfillment unless and until DGFT itself cancels it.
EODC certificates issued by DGFT are determinative of discharge of EPCG export obligations; Customs lacks jurisdiction to re-adjudge fulfilment absent prior DGFT cancellation. The Tribunal relied on prior CESTAT precedents to conclude that confirmation of demand and imposition of penalties by Customs cannot stand where no DGFT adjudication revoked the EODC. Consequently, demands and penalties confirmed by Customs in such circumstances were set aside, restoring the effect of the DGFT certificate as evidence of export obligation fulfillment unless and until DGFT itself cancels it.
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