Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1218

- Broad nexus is essential and not product-to-product nexus is necessary under Target plus scheme.
Case:- MMTC LTD. VERSUS COMMISSIONER OF CUSTOMS, VISAKHAPATNAM
 
Citation: - 2012 (282) E.L.T. 476 (Tri.-Bang.)

Issue: - Broad nexus is essential and not product-to-product nexus is necessary under Target plus scheme.
 
Brief fact: - This application seek waiver and stay in respect of the adjudged dues. The impugned demand of duty arises out of denial of the benefit of Notification No. 32/2005-Cus., dated 8-4-2005 in respect of RBD Palmolein imported by the appellant under Target Plus Scheme. Under the Scheme as embodied under the Foreign Trade Policy (para 3.7) read with para 3.2.5(II) of the Handbook of Procedures Vol. II 2004-2009, the importer was entitled to use the credits which accrued to them from exports of goods falling under the same product group. The appellant had exported various products including Rice, Wheat and Maize under the Scheme and had accordingly acquired a total credit of about Rs. 119 crores. They imported Palmolein during August, 2008 by making use of this credit in terms of the aforesaid Notification. The Id. Commissioner, in adjudication of a show-cause notice which was issued to the appellant for denying the benefit of the Notification and recovering duty on the imported item on the ground that the imported item did not have any nexus with the exported goods, confirmed the demand of duty against the appellant, confiscated the imported goods with option for redemption against payment of fine, and imposed a penalty on them.
 
Appellant Contention: - The learned counsel has made the following submissions:-
 
(a)The goods imported by the appellant fulfilled the condition of 'broad nexus' with the exported goods as required under the Foreign Trade Policy and hence the benefit of the Notification should be admissible.
 
(b) The Board's Circular No. 21 /2007-Cus., dated 8-5-2007 which was heavily relied on by the adjudicating authority for holding that a product-to-product nexus was required was quashed by the Hon’ble Bombay High Court in the case of Essel Mining & Indus-tries Ltd. V. L101 1-2011 (270) E.L.T. 308 (Born)] and therefore the decision rendered by the Commissioner by placing reliance on the Circular will not be sustainable in law.
 
(c) The appellant fulfilled the actual user condition inasmuch as the commodity imported in bulk was got repacked into one litre packs by availing the services of supporting manufacturers and this activity amounted to manufacture and therefore the contra view taken by the Commissioner is untenable.
 
(d) The longer period of limitation is not invocable in this case as the appellant was under the bona fide belief that they were eligible for the benefit of Target plus Scheme.
 
The learned counsel has invited our attention to the relevant provisions of the Input-Output Norms laid down under the Foreign Trade Policy. He further submits that Rice, Wheat etc. figuring at Sl. No. E-38  and Palmolein figuring at SI. No. E-122 are both falling in the same chapter titled 'Food Products' and therefore the "broad nexus" test embodied in para 3.2.5(II) of the Handbook of Procedures stands passed in this case in favour of the appellant and therefore there is no reason whatsoever to deny the benefit of the Target Plus Scheme to the appellant
 
Respondent contention: - The learned Commissioner (AR) has opposed the present application on the strength of the findings recorded by the adjudicating authority.
 
Reasoning of judgement: - The only ground stated by the adjudicating authority in support of denial of the benefit of the Notification is absence of product-to-product nexus between the imported item and the exported goods. The Input-Output Norms referred to by the learned counsel indicate nexus between the item (Palmolein) and the exported goods (Rice, Wheat etc.) which are within the same product group (viz. Food Products).  Tribunal has also found mention of this product group in the condition sheet attached to the authorization letter issued by the DGFT to the appellant for utilizing duty credit. Therefore Stay and waivers in respect of adjudged dues allowed.
 
Decision: -Application allowed
 
Comment :- This is very important decision on Target plus scheme. The DRI has booked a number of cases against the user of Target plus scheme. The DGFT has clarified the matter many times. It was held that board nexus between the products is required and it is not necessary for product-to-product nexus for availing Target Plus scheme. When the prime authority governing Target Plus scheme (DGFT) does not objection then the department should not have taken the objection.
 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com