Condonation of Delay denied: communication lapses and corporate restructuring found insufficient; prolonged inaction and lack of bona fides led to ref...
Export Support intervention INSIGHT launched to provide non financial capacity building, trade intelligence and pilot support with defined funding and...
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
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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