9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 1388 - HC - CustomsDenial of facility of exemption from payment of customs levy for the goods imported solely for the purpose of fulfilling export obligations - denied merely on the premise of the introduction of a new levy under the Goods and Service Tax with effect from 01.07.2017 - Extension of benefit of exemption notifications to levies under the Integrated Goods and Service Tax Act (IGST) - Held that - Identical issue decided in the case of JINDAL DYECHEM INDUSTRIES (P) LTD. VERSUS UNION OF INDIA AND ORS. 2018 (10) TMI 709 - DELHI HIGH COURT , where it was held that since the benefit of exemption in fact existed at that point of time, the most appropriate course would be for the respondent authorities to verify whether as a matter of fact the petitioner in fact fulfilled the export obligations pursuant to the advance license of 18.07.2017 - petition disposed off.
Issues:
Identification of entitlement to exemption notifications under the Integrated Goods and Service Tax Act (IGST) for imports made after the introduction of the GST regime. Analysis: The High Court, in a judgment involving petitions seeking reliefs similar to a previous case, acknowledged the extension of exemption notifications to levies under the IGST post the introduction of the GST regime. The court referred to a previous order highlighting the extension of benefits to IGST levies, distinct from the customs notifications issued earlier. It noted that the petitioner held an advance license issued before the exemption notifications came into effect, emphasizing the need for authorities to verify compliance with export obligations. The court directed the authorities to conduct necessary assessments within four months, ensuring due process for the petitioner. The court concluded that the petitioners were entitled to the same reliefs as per the previous order, disposing of the petitions accordingly. The judgment reiterated the importance of verifying export obligations fulfillment and highlighted the need for timely completion of verification proceedings by the authorities. The disposal of pending applications was also confirmed in line with the judgment's directives.
|
