Board has been receiving various references from the field formations in respect of the effect of ‘in limine’ dismissal of Special Leave Petition (SLP) i.e. without its grant or without admission or any discussion by the Supreme Court. There is doubt relating to whether on dismissal of SLP ‘in limine’ the question of law posed before the Supreme Court remains open or the doctrine of merger is applicable.
Circular No. 06/2016-Customs Duty The Government considered representations, feedback and data related to the All Industry Rates (AIR) of Duty Drawback that took effect on 23.11.2015 and has notified certain changes vide Notification No. 22/2016-Customs (N.T.) dated 08.2.2016. These changes take effect from 11.02.2016.
Circular No. 5/2016-Customs Duty The Special Valuation Branch (SVB) was created as an institution specializing in investigation of transactions involving special relationships between buyer – seller or those involving other special circumstances surrounding the sale of imported goods, both of which have a bearing on the assessable value.
Circular No. 4/2016-Customs Duty The Board has comprehensively revised instructions for the examination of related party transactions and those involving royalty, licence fee etc. vide circular no. 5/2016 dated 9th February 2016. In view thereof, the Board has decided that the following procedure shall be followed with respect to pending SVB cases initiated in terms of circular 1/98 – Cus dated 1.1.98 & 11/2001-Cus dated 23.2.2001 and those involving renewal of SVB orders.
F. NO. 500/56/2014-FT &TR-IV/354 The undersigned is directed to state that large number of requests for Exchange of Information (EOI) in time barring assessments/matters are received in FT &TR Division just before the time barring date.
NOTIFICATION NO 22/2016-Customs,(N.T.) Central Government hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 110/2015-Customs (N.T.), dated the 16th November, 2015 published vide number G.S.R. 861 (E), dated the 16th November, 2015, namely:-
Notification No. 21/2016-Customs (N.T.) Central Board of Excise and Customs hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.35/2007-CUSTOMS (N.T.), dated the 26th April, 2007, published in Part II, Section 3, Sub-section (ii) of the Gazette of India, Extraordinary vide number S.O.665(E), dated the 26th April, 2007, namely:-
Notification No. 20/2016-Customs (N.T.) Central Board of Excise and Customs hereby appoints the Additional Director General(Adjudication), Directorate of Revenue Intelligence, Mumbai to act as a Common Adjudicating Authority to exercise the powers and discharge the duties conferred or imposed on the adjudicating authorities mentioned in column (3) of the Table below in respect of the cases mentioned in column (2) of the said Table, namely:-
The Chairperson and Members nominated by the Central Government to the Board, shall not undertake any foreign tour without the prior approval of the Central Government. Whenever such a tour is proposed, the proposal should give full justification for the tour, including its purpose, necessity and the expected outcome of the tour for the consideration of the Central Government.
Trade circular No. 5T of 2016 It may be recalled that Trade Circular 22T 2010 dated 05/10/2010 have been issued in order to hasten the process of grant of refunds under VAT. However, this office has received’ representations about delay in receiving refunds. Therefore, to redress this grievance, following guidelines are being issued so that refunds can be granted to the certain class of dealers within stipulated time limit.
