TaxTMI 
TaxTMI 
TaxTMI 
2019 (5) TMI 1477
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.... Taxes & Customs ('CBIC') to clarify the procedure that has to be followed for availing the benefit of the notification No.25/2001-Cus dated 1st March 2001 which exempts Gold and Silver produced out of Copper Anode Slime ('CAS') after export of such CAS out of India for toll smelting and toll processing, from customs duty upon their import into India. 2. Directions are also sought to the Reserve Bank of India ('RBI') (Respondent No.4) to issue an appropriate clarification regarding the procedure to be followed in relation to such re-import of the gold and silver in terms of the above notification and to correspondingly direct the CBIC to exclude the time period for compliance of the requirements of the said notification. 3. The Petitioner....
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....s of the said notification has to be completed within one year from the date of export of the CAS after payment of customs duty on the value equal to the tolling charges, freight and insurance. 6. According to the Petitioner it wrote a letter on 28th August 2017 to the Commissioner of Customs in Chennai seeking confirmation whether the procedure, as understood by it, that was required to be followed for availing the benefit of the above Notification was correct. In turn, Respondent No.5 sought a clarification from the CBIC as regards the documents that would constitute sufficient evidence for extending the benefit under the Notification. By letter dated 10th January 2018 the Chief Commissioner of Customs sought a clarification from the CBI....
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....closed with this counter affidavit as Annexure R/1 is a copy of a letter dated 3rd October 2018 written by the Tax Research Unit of the Department of Revenue in response to the letter addressed to the CBIC on 10th January 2018. It was stated therein that no further clarification in respect of the above Notification was called for. 10. A separate counter affidavit has been filed on 22nd January 2019 by the RBI. According to the RBI the question of the procedure to be followed under the aforementioned notification does not fall within its ambit "but is in the domain of other Respondents" who have to clarify if there was any ambiguity or doubt in that regard. 11. On 27th March 2019 this Court recorded the submission of Counsel for the RBI th....
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....leted within one year thereafter i.e. by 10th October 2018. The narration of the petition reveals that the Petitioner has been continuously corresponding with the Respondents soon thereafter and in fact even prior thereto seeking clarification as to the procedure to be followed by it. This lead to the Customs Department itself writing to the CBIC seeking clarification. 16. Since one aspect of the matter viz., that no permission of the RBI is required, stands clarified, it is now for the Respondents to take a decision on whether the Petitioner should be granted exemption in relation to the gold/silver that it seeks to import in accordance with notification No. 25/2001-30 Cus dated 1st March 2001. The Court finds justification in the plea of....