Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Supplies from the Domestic Tariff Area to an SEZ unit were treated as deemed exports under the FTP, so the entitlement to EPCG export benefits had to be tested under Chapter 8 of the FTP rather than by a narrow reading of the SEZ Act. The Court held that Section 2(m)(ii) and Section 53 of the SEZ Act, and Rule 30 of the SEZ Rules, did not extinguish FTP benefits or make Bills of Export the only proof of export obligation. Invoices together with bank realisation certificates were sufficient evidence of compliance, and the review petition failed because absence of Bills of Export alone could not defeat the claim.
Supplies from the Domestic Tariff Area to an SEZ unit were treated as deemed exports under the FTP, so the entitlement to EPCG export benefits had to be tested under Chapter 8 of the FTP rather than by a narrow reading of the SEZ Act. The Court held that Section 2(m)(ii) and Section 53 of the SEZ Act, and Rule 30 of the SEZ Rules, did not extinguish FTP benefits or make Bills of Export the only proof of export obligation. Invoices together with bank realisation certificates were sufficient evidence of compliance, and the review petition failed because absence of Bills of Export alone could not defeat the claim.
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