Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
RoDTEP and RoSCTL benefits are clarified to follow the same treatment as duty drawback where export realisation is short: remission or rebate may be allowed on FOB value without deducting agency commission and foreign bank charges if those deductions stay within the overall 12.5% FOB limit; if they exceed that limit, the excess must be deducted from FOB value for benefit computation. Compensation received from ECGC for short realisation of export proceeds may be treated as receipt of sale proceeds, so remission or rebate under RoDTEP and RoSCTL need not be recovered, provided RBI writes off realisation on merits and the exporter produces the required certificate from the concerned Foreign Mission of India.
RoDTEP and RoSCTL benefits are clarified to follow the same treatment as duty drawback where export realisation is short: remission or rebate may be allowed on FOB value without deducting agency commission and foreign bank charges if those deductions stay within the overall 12.5% FOB limit; if they exceed that limit, the excess must be deducted from FOB value for benefit computation. Compensation received from ECGC for short realisation of export proceeds may be treated as receipt of sale proceeds, so remission or rebate under RoDTEP and RoSCTL need not be recovered, provided RBI writes off realisation on merits and the exporter produces the required certificate from the concerned Foreign Mission of India.
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