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The HC held that DGFT lacked authority to impose conditions contrary to Foreign Trade Policy (FTP) under FTDR Act. The court ruled that power to formulate and amend FTP lies exclusively with Central Government under Sections 5 and 6(3) of FTDR Act, while DGFT can only frame implementation procedures. The contested condition requiring import consignments to land at Indian ports after TRQ license issuance for clearance eligibility was deemed ultra vires DGFT's powers and contrary to Customs Act Section 15(1)(b). The HC quashed the impugned condition in Public Notice dated 14.06.2022 and directed customs authorities to permit clearance of warehoused goods under Section 68 of Customs Act upon production of TRQ license, extending notification benefits. Petition disposed of favorably.
The HC held that DGFT lacked authority to impose conditions contrary to Foreign Trade Policy (FTP) under FTDR Act. The court ruled that power to formulate and amend FTP lies exclusively with Central Government under Sections 5 and 6(3) of FTDR Act, while DGFT can only frame implementation procedures. The contested condition requiring import consignments to land at Indian ports after TRQ license issuance for clearance eligibility was deemed ultra vires DGFT's powers and contrary to Customs Act Section 15(1)(b). The HC quashed the impugned condition in Public Notice dated 14.06.2022 and directed customs authorities to permit clearance of warehoused goods under Section 68 of Customs Act upon production of TRQ license, extending notification benefits. Petition disposed of favorably.
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