Search Results for "export obligation discharge"

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Search Results for "export obligation discharge"

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High Court

Supreme Court Allows Union's Appeals in Advance Authorization IGST Exemption Case. The Court upholds the pre-import condition as a valid policy measure to prevent double benefit and cash blockage, reversing the Gujarat High Court's decision.

10 Oct 2024

The case involves appeals by the Union of India against a Gujarat High Court judgment that set aside the mandatory 'pre-import condition' for claiming...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Export Obligation Discharge for Supplies to SEZ Without Bill of Export. Policy Circular Relaxing Requirement for Supplies Prior to July 1, 2017 Applied; Balance Supplies Remanded for Fresh Consideration.

16 Aug 2024

The petitioner, Phoenix Industries Limited, engaged in manufacturing and export of non-ferrous metal alloys, obtained an Advance Authorisation (AA) fo...

Supreme Court

Supreme Court Dismisses Appeals in Terminal Excise Duty Refund Dispute Under Foreign Trade Policy. Export Oriented Units Not Entitled to Refund as Procurement from Domestic Tariff Area Units Was Ab Initio Exempt from Excise Duty Under Paragraphs 6.2(b) and 6.11(c)(ii) of Foreign Trade Policy, 2009-2014.

4 Jan 2022

The dispute involved appeals by Export Oriented Units (EOUs) challenging the refusal of refund claims for Terminal Excise Duty (TED) paid on excisable...

Supreme Court

Supreme Court Dismisses Appeal Against RBI Guidelines Prohibiting Merchanting Trade in Banned Goods During Pandemic. Clause 2(iii) of the 2020 MTT Guidelines is a reasonable restriction under Article 19(6) as it serves the legitimate aim of preserving domestic PPE stocks and is not manifestly arbitrary.

6 Dec 2021

The appeal arose from a judgment of the Madhya Pradesh High Court upholding Clause 2(iii) of the Revised Guidelines on Merchanting Trade Transactions ...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

High Court

High Court of Karnataka Upholds Sugar Factory's Right to Export Subsidy Under Sugar Development Fund Act, 1982. Internal transport and freight charges subsidy cannot be denied on ground of non-compliance with procedural requirements where substantive entitlement is established.

23 Mar 2018

The Union of India and the Chief Director (Sugar) filed an intra-court appeal under Section 4 of the Karnataka High Court Act against an order dated 1...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of ARE-1 Forms as Proof of Export Under Advance Authorisation Scheme. Court Holds That ARE-1 Forms Are Valid Proof of Export Under Paragraph 4.25 of Handbook of Procedures 2009-14 and Quashes Show Cause Notice.

12 Sep 2017

The petitioner, Larsen & Toubro Limited, a company incorporated under the Indian Companies Act, 1913, challenged a Letter dated 1-12-2016 and a Show C...

High Court

Bombay High Court Dismisses Appeal in Customs Case — Conversion of Shipping Bill from DEEC to Drawback Scheme Denied. CBEC Circular No. 4/2004 requires prior denial of DEEC benefit by DGFT or Customs; mere inability to utilize advance license does not qualify.

5 Jan 2016

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

High Court

Bombay High Court Dismisses Appeal in Customs Case — Conversion of DEEC Shipping Bill to Drawback Scheme Denied. CBEC Circular No. 4/2004 Mandates Prior Denial of DEEC Benefit by DGFT or Customs Authorities, Which Was Not Established.

5 Jan 2016

The appellant, Manawat Plastics Pvt. Ltd., exported Woven PP Bags/Fabrics under three Shipping Bills dated 06.08.2002, 13.08.2002, and 16.09.2002 unde...

High Court

Bombay High Court Quashes Fiscal Penalty and Debarment Orders in Import-Export Dispute — Failure to Fulfill Export Obligation Not Attributed to Petitioner's Fault. Appellate Authority's Orders Set Aside for Lack of Reasoning and Failure to Consider Petitioner's Contentions.

9 Mar 2006

The petitioner, M/s. Sudhir Diamonds, a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition under Article 226 of...

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