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        Customs

        Dominant issue: whether exports described as 'woven fabrics of...

        Woven synthetic filament yarn fabrics found eligible for FPS duty credit; DGFT circular cannot narrow Appendix 37D entitlement

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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.
                                Dominant issue: whether exports described as "woven fabrics of synthetics filament yarn" fall within S. No. 33, Table 4, Appendix 37D and thereby qualify for FPS duty-credit. Court held that the phrase is deliberate, covers products classifiable under ITC (HS) 5407, and therefore such exports ipso facto qualify for FPS benefits. Secondary issue: legality of DGFT's Policy Circular narrowing entitlement. The Court ruled that the DGFT could not restrict Appendix 37D by a clarificatory circular; any restriction must be by amendment to the Handbook and cannot operate retrospectively. Appeals dismissed. - HC
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