Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
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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