Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
The text addresses whether delegated trade restrictions take effect only upon Gazette publication and whether transitional protection in para 1.05(b) of the Foreign Trade Policy applies. It reasons that law must be published to exist and that strict compliance with Gazette publication is a condition precedent to enforceability of delegated legislation, with the consequence that the Notification became operative only on its Gazette publication date. It further concludes that transitional protection applies to import transactions (irrevocable letters of credit) opened before that publication date, with the consequence that the introduced market intervention price could not be applied to those imports.
The text addresses whether delegated trade restrictions take effect only upon Gazette publication and whether transitional protection in para 1.05(b) of the Foreign Trade Policy applies. It reasons that law must be published to exist and that strict compliance with Gazette publication is a condition precedent to enforceability of delegated legislation, with the consequence that the Notification became operative only on its Gazette publication date. It further concludes that transitional protection applies to import transactions (irrevocable letters of credit) opened before that publication date, with the consequence that the introduced market intervention price could not be applied to those imports.
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