Page 202 - GSTL_30th April 2020_Vol 35_Part 5

672 GST LAW TIMES [ Vol. 35
amending Notification No. 16/2015-Cus. with effect from 13-10-2017 and
import of capital goods covered by a valid authorisation under EPCG
Scheme exempted from payment of Integrated Tax and Goods and
Services Tax Compensation Cess - No express provision exempting
import of goods under EPCG Scheme from payment of Integrated Tax for
short-period from 1-7-2017, when Integrated Goods and Services Tax Act,
2017 came into force till 13-10-2017 - Clear that intention of Central
Government was to grant that total exemption from payment of
additional duty under EPCG Scheme - Notification No. 26/2015-Cus. to
extent it limited exemption from payment of additional duty under
Section 3 of Customs Tariff Act, 1975 to sub-sections (1), (3) and (5)
thereof, repugnant to policy declared by Central Government under
Chapter 5 of Foreign Trade Policy, 2015-20 - Action of Authorities in
levying Integrated Tax and Compensation Cess on import of capital
goods by assessee under a valid authorisation under EPCG Scheme not
being in consonance with Foreign Trade Policy, 2015-20 not sustainable -
Addl. D.G.F.T. Trade Notice No. 11/2018, dated 30-6-2017, to extent it
states therein that under Chapter 5 importers would need to pay IGST
also rendered unsustainable - Consequently, subject to fulfilment of
conditions contained in Foreign Trade Policy, 2015-20 and exemption
Notification No. 16/2015-Cus. as amended from time to time, assessee
continue to enjoy exemption from payment of additional duty under sub-
section (7) and sub-section (9) of Section 3 of Customs Tariff Act, 1975
even during period 1-7-2017 to 13-10-2017 - Assessee entitled to refund of
additional duty paid by it during said period — Prince Spintex Pvt. Ltd. v.
Union of India (Guj.) ................................... 261
Import goods - Registration separately when not required to be taken in the
State where port of clearance of import goods located - See under PLACE
OF SUPPLY ..................................... 424
Imported goods used in furtherance of business, ITC of IGST paid
admissible - See under INPUT TAX CREDIT ................... 424
IMPORTS AND EXPORTS (CONTROL) ACT, 1947 :
— Section 3 - See under REFUND/REFUND CLAIM ................ 208
Incidental mining - Surface right on transfer of acquired land by
Government, taxability of incidental mining thereon - See under
RENTING OF IMMOVABLE PROPERTY SERVICE ............... 561
INDIAN MEDICINE CENTRAL COUNCIL ACT, 1970 :
— Second Schedule - See under CLINICAL ESTABLISHMENT .......... 447
INDIAN PENAL CODE, 1860 :
— Section 34 - See under BAIL ............................ 551
— Section 120B - See under BAIL ........................... 551
— Section 420 - See under BAIL ............................ 551
— Section 467 - See under BAIL ............................ 551
— Section 468 - See under BAIL ............................ 551
— Section 471 - See under BAIL ............................ 551
GST LAW TIMES  30th April 2020  202