Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992 empowers the Central Government to prohibit, restrict or otherwise regulate imports by Gazette order, and section 5 permits amendment of foreign trade policy. On that basis, a notification fixing a Minimum Import Price for roasted areca nut was within statutory competence. The notification was also treated as consistent with the ASEAN and WTO framework because it operated as a non-tariff safeguard for agricultural products, fixed only a trigger price, and did not impose a quantitative import cap. Importers could not avoid the MIP condition by relying on nil-duty eligibility under Notification No. 46/2011.
Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992 empowers the Central Government to prohibit, restrict or otherwise regulate imports by Gazette order, and section 5 permits amendment of foreign trade policy. On that basis, a notification fixing a Minimum Import Price for roasted areca nut was within statutory competence. The notification was also treated as consistent with the ASEAN and WTO framework because it operated as a non-tariff safeguard for agricultural products, fixed only a trigger price, and did not impose a quantitative import cap. Importers could not avoid the MIP condition by relying on nil-duty eligibility under Notification No. 46/2011.
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