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goods, where the export proceeds are not realised within the time allowed under
FEMA (Foreign Exchange Regulation Act) regulations. No recovery would be
made where a write off is granted by the RBI, on merits. If the export proceeds
are realised later, the amount recovered may be claimed back as refund.
A special procedure for compliance under the GST laws has been pre-
scribed for a corporate debtor from the date of appointment of the Insolvency
Resolution Professional till the corporate insolvency resolution process goes on.
A revised mechanism has been prescribed under Rule 43 of the said CGST Rules
to calculate the ITC reversal for situations wherein capital goods used exclusively
for non-business purposes or for exclusively making exempted supplies or for
exclusively making taxable supplies are subsequently used in making exempted,
as well as taxable, supplies.
The Commerce Ministry has banned export of Hydroxychloroquine and
its formulations, all ventilators, including any respiratory or oxygen therapy
apparatus or any other breathing device/appliance, sanitisers, surgical masks
and textile raw materials for masks and overalls. However, export of Hy-
droxychloroquine and its formulations may be made by units in Special Econom-
ic Zones (SEZs), Export Oriented Units and by Domestic Tariff Area (DTA) units,
in discharge of their export obligation against advance authorisations. Export of
restricted Active Pharmaceutical Ingredients. (APIs) and formulations made
from these may be done by SEZ units. The formulations made from restricted
APIs may be exported by DTA units in discharge of export obligation against
advance authorisations.
[Source : T.N.C. Rajagopalan in Business Standard, New Delhi, dated
30-3-2020]
Customs allows e-clearance for moving laptops for IT
industry
As work from home for Information Technology (IT) firms gets increas-
ingly feasible, the industry and the Government worked together to remove a
practical hurdle that required the industry to get Customs approval physically,
in addition to an online clearance, in record time.
The Customs clearance required for moving equipment like laptops,
desktops, etc. out of Special Economic Zone (SEZ) units was delaying things as
the clearance had to be taken in person after a first level of approval online.
The Directorate General of export promotion under the Central Board of
Indirect Taxes and Customs worked with IT services body Nasscom (National
Association of Software and Service Companies) and other industry players to
allow online approvals for such movement.
The Foreign Trade Policy (2015-20) allows authorised employees of
Software Technology Park (STP) units to work from a place outside the unit, and
they are allowed to temporarily take laptop or computers and video projection
systems out of the STP unit.
The Software Technology Parks of India allow for this approval online,
but Customs clearance required one to physically take approval.
Given the current situation with the ongoing pandemic, and the Gov-
ernment announcing a complete lockdown, taking clearances from the Customs
EXCISE LAW TIMES 15th April 2020 81

