Gujarat High Court stays Directorate of Intelligence notices to exporters

The Gujarat High Court has stayed notices issued by the Directorate of Intelligence (DRI) to some exporters for allegedly misusing an exports incentive scheme under the goods and services tax (GST) regime. 

Abhishek Rastogi, counsel of petitioners and partner at Khaitan & Co, said notices have been stayed for three applicants, but there will be repercussions. Meanwhile, he said that a similar hearing in Madras High Court has been concluded, but it has reserved its order. 

Exporters had earlier approached various courts over restrictions imposed for availing advance authorisation licences under the GST regime. The change in condition has led to directorate of revenue intelligence (DRI) issuing notices to exporters. 

The Central Bureau of Indirect Taxes and Customs had inserted a clause of “pre-import” for exempting imports done on advance authorisation licences from integrated goods and services tax. These licences are issued to allow duty-free import of inputs, which are physically incorporated in export product.

The clause meant that imports done after exports would not be allowed to avail exemptions from IGST. 

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