https://www.taxtmi.com/caselaws?id=375818 The Gujarat HC held that the pre-import condition attached to the Foreign Trade Policy, 2015-2020 and the corresponding customs exemption for IGST and compensation cess under Advance Authorisation was invalid. The Court found that the condition, as interpreted by the revenue authorities, made the exemption impracticable for exports undertaken in anticipation of authorisation or in a continuous import-manufacture-export cycle, created an anomaly within the scheme, and lacked a rational nexus with export promotion and trade facilitation. It was therefore struck down as ultra vires the Advance Authorisation framework and the Handbook of Procedures, and action taken solely on that basis could not survive. en-us Mon, 04 Feb 2019 00:00:00 +0530 Mon, 30 Nov 2020 18:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=375818 The Gujarat HC held that the pre-import condition attached to the Foreign Trade Policy, 2015-2020 and the corresponding customs exemption for IGST and compensation cess under Advance Authorisation was invalid. The Court found that the condition, as interpreted by the revenue authorities, made the exemption impracticable for exports undertaken in anticipation of authorisation or in a continuous import-manufacture-export cycle, created an anomaly within the scheme, and lacked a rational nexus with export promotion and trade facilitation. It was therefore struck down as ultra vires the Advance Authorisation framework and the Handbook of Procedures, and action taken solely on that basis could not survive. Case-Laws Customs Mon, 04 Feb 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=375818