Handicraft job work receives concessional GST only for registered principals and predominantly handmade goods; commercial resin articles remain taxabl...
Reassessment disclosure requirements permit stated reasons without revealing information sources, but prior-taxation claims require full examination b...
Independent assessment discretion and corroborated electronic evidence determine validity of on-money additions and undisclosed-consideration assessme...
Under the EPCG exemption, Notification No. 97/2004-Cus. had to be read with the Foreign Trade Policy, and the dispute was confined to whether third-party exports could satisfy export obligation. The Tribunal found that, at the material time, the provisions were ambiguous on whether such exports had to be made from goods manufactured using the imported capital goods, and a later policy tightening could not be applied retrospectively. As the export obligation discharge certificate had been restored and the validity of the licence, installation of capital goods and their use were not in dispute, Customs could not sustain demand and penalties by re-agitating fulfilment of export obligation for the two licences. The demand and penalties for those imports were set aside.
Under the EPCG exemption, Notification No. 97/2004-Cus. had to be read with the Foreign Trade Policy, and the dispute was confined to whether third-party exports could satisfy export obligation. The Tribunal found that, at the material time, the provisions were ambiguous on whether such exports had to be made from goods manufactured using the imported capital goods, and a later policy tightening could not be applied retrospectively. As the export obligation discharge certificate had been restored and the validity of the licence, installation of capital goods and their use were not in dispute, Customs could not sustain demand and penalties by re-agitating fulfilment of export obligation for the two licences. The demand and penalties for those imports were set aside.
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