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Tuesday, September 18, 2007

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Interesting & Important Notifications/Cases



Ø Determination of origin of goods

The Central Government has released the Rules of Determination of Origin of Goods under the Preferential Trading Agreement between India and Chile.

Customs Notification No. 84/2007-Cus. Dt 17/08/07 (NT)

Ø Exemption of additional duty of customs

The Central Government has exempted electronic integrated circuits falling under Customs Tariff Heading 8542 from payment of additional duty of customs in lieu of Sales Tax/VAT.

Customs Notification No. 93/2007-Cus. Dt 08/08/07

Ø HSN-Most suitable for classification

The Tribunal has held that the Explanatory Notes to the internationally recognized and accepted Harmonised System of Nomenclature (HSN) are most suitable for the determination of the customs classification of a product.

Hotel Leela Ventures Ltd. Vs. CC (2007 (145) ECR 222)


Ø Bank Certificate Not required

The Director General of Foreign Trade (DGFT) has deleted the requirement for filing of a bank certificate related to the financial soundness of the exporter filing an application for grant of Registration cum Membership Certificate (RCMC).

DGFT Public Notice No. 25 (RE-2007)/2004- 09, dt.23/07/07

Ø Procedural change in reimbursement of CST

The Central Government has made changes in the procedures relating to re-imbursement of Central Sales Tax for supplies made to 100% Export Oriented Units (EOU) and Units in Electronic Hardware Technology Park (EHTP) and Software Technology Park (STP).

Public Notice No. 39 (RE-2007)/2004 -2009,dt.24/07/2007

Ø Amendment of FTP

The High Court of Calcutta has held that the Foreign Trade Policy can only be amended by notifications published in the Official Gazette and not otherwise. Further, the High Court has held that the Foreign Trade (Development and Regulation) Act, 1992 does not authorize the Central Government to amend the export and import policy with retrospective effect.

Soubhik Exports Ltd. Vs. Union of India (2007 (214) ELT 334)

Antidumping Duty

Ø Anti-dumping duty has been imposed on the following products:

§ bias tyres, tubes and flaps originating in or exported from the People.s Republic of China and Thailand.

§ hexamine originating in or exported from Russia and Saudi Arabia.

§ partially oriented yarn, originating in or exported from People.s Republic of China.

§ nonylphenol originating in or exported from Chinese Taipei.

Customs Notification Nos. 88/2007 dt. 24/07/2007, 89/2007 dt. 25/07/2007,92/2007 dt. 03/08/2007 & 94/2007 dt.22/08/2007

Ø The Antidumping Duty levied on partially oriented yarn, originating in or exported from the Republic of Korea and Turkey, has been withdrawn.

Customs Notification 95/2007 dt. 22/08/2007


Ø ESI medical services are covered under consumer protection Act

The medical service rendered in an ESI hospital/dispensary to an insured employee fails with in the ambit of section 2(1) (o) of the Consumer Protection Act, and, therefore, the Consumer Protection Act have jurisdiction to adjudicate upon a dispute arising between the insured and the Employees. State Insurance Corporation.

Chairman, Employees. State Insurance Corporation,2007

LLR 740

Trezrrr every pulsss


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