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Notification No. 91/2009-Cus dated 11th Sept. 2009 is in violation of FTDR Act, FTR Rules as well as FTP 2004-2009 and FTP 2009-2014 - On questions of interpretation of FTP, it is DGFT whose views will prevail: High Court


Customs Vs DGFT

The said judgement of the Hon'ble High Court is contrary to the Hon'ble Supreme Court Decision in the case of Commissioner of Customs, Hyderabad Versus Pennar Industries Ltd {2015-TIOL-162-SC-CUSTOMS ACT, 1962}and Sheshank Sea Foods Pvt. Ltd. v. Union of India {2002-TIOL-142-SC-CUS} It was held that even if DGFT holds that export obligation is fulfilled, it is not binding on Customs. When there is breach of the condition in the Exemption Notification demand is sustainable. There is no provision in FTP or the Hand Book of Procedure issued by the Ministry of Commerce, Government of India, taking away the power of the Customs authorities to investigate an alleged breach of provisions of Customs Act, 1962 or the Notifications issued thereunder.

addalarangadham addalarangadham 27/05/2016

 

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