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Kargil Victory Day: PM warns Pak against practising terrorismMisc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBChina pumps in subsidies worth USD 41 bn into car sectorMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SCObama endorses Kamala Harris for PresidentI-T- Demand notice issued mechanically merits being quashed, where passed in ignorance of assessment order giving clean chit to assessee: HCIndia discovers Lithium Resources in Mandya and Yadgiri districts of KarnatakaIndia's installed Nuclear Power Capacity to triple by 2031-32: MoSI-T- Penalty rightly quashed where assessment order proposing penalty is itself quashed: ITATGoyal sets USD 50 bn target for footwear industry to achieve by 2030Indian-origin German citizen nabbed with 6 kg of cocaine at IGI AirportIndia to remain steadfast in commitment to nurturing adolescents' talents: Health SecyAI-based SearchGPT to compete with Google: OpenAIDelhi liquor scam: United Spirits CEO summonedVAT - burden of proof lies with Department to verify & approve refunds to ultimate taxpayers: HCBiden to attend QUAD meeting to be held in New Delhi this year

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Notification No. 91/2009-Cus dated 11th Sept. 2009 is in violation of FTDR Act, FTR Rules as well as FTP 2004-2009 and FTP 2009-2014 - On questions of interpretation of FTP, it is DGFT whose views will prevail: High Court


Customs Vs DGFT

The said judgement of the Hon'ble High Court is contrary to the Hon'ble Supreme Court Decision in the case of Commissioner of Customs, Hyderabad Versus Pennar Industries Ltd {2015-TIOL-162-SC-CUSTOMS ACT, 1962}and Sheshank Sea Foods Pvt. Ltd. v. Union of India {2002-TIOL-142-SC-CUS} It was held that even if DGFT holds that export obligation is fulfilled, it is not binding on Customs. When there is breach of the condition in the Exemption Notification demand is sustainable. There is no provision in FTP or the Hand Book of Procedure issued by the Ministry of Commerce, Government of India, taking away the power of the Customs authorities to investigate an alleged breach of provisions of Customs Act, 1962 or the Notifications issued thereunder.

addalarangadham addalarangadham 27/05/2016

 

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