Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
Clause (ii) of Condition No. 6 in the exemption notification, requiring exports to be backed by an irrevocable letter of credit opened before 25.08.2023, was held inapplicable where no letter of credit existed, since export through LoC is not statutorily mandatory and the condition presupposes an LoC-based transaction. Reading clauses (i) and (ii) conjunctively merely due to the word "and" was rejected; conditions must be construed contextually to avoid absurdity, and procedural requirements cannot defeat substantive entitlement where the notification's protective object is met. As the exporter satisfied clause (i) and realised export proceeds through recognised modes, exemption was granted and refund with interest was ordered within eight weeks - HC
Clause (ii) of Condition No. 6 in the exemption notification, requiring exports to be backed by an irrevocable letter of credit opened before 25.08.2023, was held inapplicable where no letter of credit existed, since export through LoC is not statutorily mandatory and the condition presupposes an LoC-based transaction. Reading clauses (i) and (ii) conjunctively merely due to the word "and" was rejected; conditions must be construed contextually to avoid absurdity, and procedural requirements cannot defeat substantive entitlement where the notification's protective object is met. As the exporter satisfied clause (i) and realised export proceeds through recognised modes, exemption was granted and refund with interest was ordered within eight weeks - HC
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