Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
The exemption under Notification No. 21/2002 could not be denied merely because the importer did not re-export the goods within the date mentioned in the DGH certificate, as the notification itself imposed no such time-bound condition. The Tribunal held that Condition No. 29 only required a DGH certificate confirming that the goods were needed for petroleum operations and imported under the relevant licence or mining lease; any additional re-export stipulation in the certificate could not override the notification. It further applied its earlier ruling that clearance to an SEZ unit after use amounts to export under the SEZ Act. The demand of duty, interest and penalty was therefore unsustainable and was set aside.
The exemption under Notification No. 21/2002 could not be denied merely because the importer did not re-export the goods within the date mentioned in the DGH certificate, as the notification itself imposed no such time-bound condition. The Tribunal held that Condition No. 29 only required a DGH certificate confirming that the goods were needed for petroleum operations and imported under the relevant licence or mining lease; any additional re-export stipulation in the certificate could not override the notification. It further applied its earlier ruling that clearance to an SEZ unit after use amounts to export under the SEZ Act. The demand of duty, interest and penalty was therefore unsustainable and was set aside.
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