Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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Transferee importers using duty-free DFIA licences linked to fabricated exports must independently verify licence authenticity, underlying export documents and transfer release advice. Verification solely through the DGFT website is insufficient. Purchase through intermediaries does not remove customs duty, interest or penalty exposure where the importer fails to undertake due diligence with licensing or Customs authorities regarding the issuing exporter and claimed exports. The stated Tribunal approach treats absence of such verification as sufficient to sustain liability for imports made under fraudulent transferable export incentive licences.
Transferee importers using duty-free DFIA licences linked to fabricated exports must independently verify licence authenticity, underlying export documents and transfer release advice. Verification solely through the DGFT website is insufficient. Purchase through intermediaries does not remove customs duty, interest or penalty exposure where the importer fails to undertake due diligence with licensing or Customs authorities regarding the issuing exporter and claimed exports. The stated Tribunal approach treats absence of such verification as sufficient to sustain liability for imports made under fraudulent transferable export incentive licences.
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