https://www.taxtmi.com/caselaws?id=268657 A Gujarat High Court decision on SEZ customs treatment held that a proviso to Customs Notification No. 25/2010, which excluded electrical energy cleared from an SEZ to the Domestic Tariff Area and operated retrospectively from 26.06.2009, was invalid. The Court reasoned that an exemption notification under the Customs Act cannot create a fresh substantive levy or impose a retrospective fiscal burden without clear legislative authority, and that taxing provisions are ordinarily prospective. It also accepted that, once the retrospective levy failed, the corresponding customs demand could not survive and the interim bank guarantee furnished to secure it had to be returned. en-us Wed, 15 Jul 2015 00:00:00 +0530 Tue, 23 Feb 2016 11:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=268657 A Gujarat High Court decision on SEZ customs treatment held that a proviso to Customs Notification No. 25/2010, which excluded electrical energy cleared from an SEZ to the Domestic Tariff Area and operated retrospectively from 26.06.2009, was invalid. The Court reasoned that an exemption notification under the Customs Act cannot create a fresh substantive levy or impose a retrospective fiscal burden without clear legislative authority, and that taxing provisions are ordinarily prospective. It also accepted that, once the retrospective levy failed, the corresponding customs demand could not survive and the interim bank guarantee furnished to secure it had to be returned. Case-Laws Customs Wed, 15 Jul 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=268657