Customs valuation and import permissibility conflict resolved: accepted enhancement of transaction value removes liability for confiscation and penalt...
Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
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Goods cleared from an SEZ into the DTA on payment of applicable customs duties are to be treated as imported goods for purposes of drawback on re-export under Section 74 of the Customs Act, 1962. The instruction notes that SEZ-to-DTA movement attracts customs duty under the SEZ Act, and that such goods, once duty-paid and re-exported, satisfy the statutory conditions of being previously imported and capable of easy identification. Field formations are accordingly directed to process drawback claims on that basis, and earlier divergent practices are addressed through this clarification.
Goods cleared from an SEZ into the DTA on payment of applicable customs duties are to be treated as imported goods for purposes of drawback on re-export under Section 74 of the Customs Act, 1962. The instruction notes that SEZ-to-DTA movement attracts customs duty under the SEZ Act, and that such goods, once duty-paid and re-exported, satisfy the statutory conditions of being previously imported and capable of easy identification. Field formations are accordingly directed to process drawback claims on that basis, and earlier divergent practices are addressed through this clarification.
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