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...
Notification No.45/2017-Cus exemption applies to integrated tax (IGST) where 'duty of customs' is interpreted to encompass IGST; the Tribunal analysed the Customs Act definition of duty, the IGST Act definition of integrated tax and levy/collection mechanics, and concluded appellants are entitled to IGST exemption under Notification No.45/2017-Cus. It treated Notification No.36/2021-Cus challenge as affecting validity; prior tribunal and High Court decisions found Notification No.36/2021-Cus ultra vires. Consequent assessments denying IGST exemption were set aside and the appellants' appeals were allowed while Revenue appeals were rejected.
Notification No.45/2017-Cus exemption applies to integrated tax (IGST) where 'duty of customs' is interpreted to encompass IGST; the Tribunal analysed the Customs Act definition of duty, the IGST Act definition of integrated tax and levy/collection mechanics, and concluded appellants are entitled to IGST exemption under Notification No.45/2017-Cus. It treated Notification No.36/2021-Cus challenge as affecting validity; prior tribunal and High Court decisions found Notification No.36/2021-Cus ultra vires. Consequent assessments denying IGST exemption were set aside and the appellants' appeals were allowed while Revenue appeals were rejected.
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