Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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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