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        Customs

        CESTAT allowed appeal concerning classification dispute of...

        Customs Cannot Deny Duty Exemption After DGFT Issues Export Obligation Discharge Certificate Under Notification 18/2015-Cus

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                CESTAT allowed appeal concerning classification dispute of imported Aluminium Foil under Advance Authorization Scheme. Appellant imported raw material (Aluminium Foil 50 MIC +/-10%) under multiple authorizations, completed export obligations, and obtained Export Obligation Discharge Certificates (EODCs) from DGFT for all but one authorization. Following SC precedent in Titan Medical Systems, CESTAT held that Customs authorities cannot deny duty exemption under notifications post-EODC issuance. If violations were suspected, matter should have been referred to licensing authority rather than demanding duty. Tribunal confirmed appellant's entitlement to benefits under Notification 18/2015-Cus, rejecting customs authorities' reclassification-based duty demand.
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