DGFT judiciary-2

Indian subsidiaries of foreign companies can claim SFIS benefit

Yum Restaurants (I) Pvt. Ltd Vs Union of India (Delhi High Court)

Recently, in case of YUM RESTAURANTS (I) PVT.LTD AND Anr. v. Union of India & Ors, Hon'ble Delhi High Court pronounced that there is no provision in the Foreign Trade Policy which debars an Indian subsidiary of a foreign holding company from availing the benefit of Serve From India Scheme(SFIS)....

Read More

As per Import and Export Policy for the period 2009-2014 mport of second hand goods except capital goods is restricted and special import license is required

Eastron Enterprises Inc. Vs Commissioner of Customs (Delhi High Court)

Eastron Overseas Inc., Mataji Enterprises & M/s. Celestial Enterprises by bill of entries dated 12.12.2011, 14.12.2011 and 7.12.2011 had asked the Commissioner of Customs at ICD, Tughlakabad, New Delhi to permit and allow import into India of the Data Graphic Display Tubes, which have been imported from Malaysia. It was claimed that these...

Read More

DEPB – Whether aluminium grills can be termed as Extruded aluminium products, and if so, Whether assessee can take benefit of Item 7 of Code 61 – No, rules SC

Commissioner of Customs Vs. M/s. Caryaire Equipment India Pvt. Ltd. (Supreme Court of India)

The core issue that falls for our consideration and decision in this appeal is: whether aluminium grills can be termed as Extruded aluminium products? If the answer is in positive, the assessee would be covered by Item Serial No.7 of the Product Code 61 of the Duty Entitlement Passbook Scheme (for short "the DEPB Scheme"). The assessee ha...

Read More

Licensing authorities have the power to amend the licence with retrospective effect- Bombay HC

M/s. Bhilwara Spinners Ltd. V/s. Union of India, Customs and Anr. (Bombay High Court)

The Bombay HC last week quashed the decision of the Customs, Excise, Service Tax Appellate Tribunal which held the Director General of Foreign Trade (DGFT), the licensing authority under the Foreign Trade (Development & Regulation) Act, did not have the powers to amend licences with retrospective effect. The CESTAT ruling was challenged b...

Read More

Bombay HC quashed DGFT policy circular which was contrary to the provisions of Foreign Trade (Development and Regulation) Act

Eurotex Industries & Exports vs Union Of India (Bombay High Court)

The Bombay high court last week quashed the office memorandum / press release dated November 11 and policy circular dated December 22 last year as they were not issued under the provisions of the Foreign Trade (Development and Regulation) Act, and, therefore, the restrictions contained in them were contrary to law....

Read More

PTC Industries Ltd. Vs Union of India & Ors. (Allahabad High Court)

PTC Industries Ltd. Vs Union of India & Ors. (Allahabad High Court)

We find from the scheme of the Customs Act, 1962 and the Foreign Trade (Development and Regulation) Act, 1992 that whenever a dispute may arise as to the classification of the goods, other than its description, quantity and FOB value, the customs authorities have to refer the dispute for adjudication to DGFT under Section 13 of the Act. I...

Read More

DGFT – High Court allows benefit of 0% duty of customs under EPCG Scheme

Ruia Cotex Ltd., & Anr. Vs Director General of Foreign Trade & Ors. (Calcutta High Court)122/99 (25/08/2009)

EPCG-Before the aforesaid company availed of the benefit of 10% duty of customs scheme in April 1999, the government had introduced a 0% duty of customs scheme with effect from April 1, 1999. The benefit of the above scheme was made available for the period from April 1, 1999 to March 31, 2000. But no notification was issued to that effec...

Read More

Browse All Categories

CA, CS, CMA (3,455)
Company Law (3,350)
Custom Duty (6,582)
DGFT (3,420)
Excise Duty (4,040)
Fema / RBI (3,237)
Finance (3,418)
Income Tax (24,916)
SEBI (2,722)
Service Tax (3,278)