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    <title>2013 (3) TMI 145 - MADRAS HIGH COURT</title>
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    <description>Where imported goods fell within the statutory exemption under Rule 43 read with Schedule D of the Drugs and Cosmetics Rules, 1945, the Form 10 licence requirement could not be imposed by executive direction. The court held that the goods could not be treated as drugs for human use contrary to the governing rules, and that any settlement or conditions recorded in proceedings before another High Court could not displace the applicable statutory framework. The directions for re-export and related restrictions were therefore unsustainable. Release of the goods was permitted subject to verification of compliance with the prescribed rule and label requirements, while valuation issues were left open for adjudication before the appropriate forum.</description>
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      <link>https://www.taxtmi.com/caselaws?id=221378</link>
      <description>Where imported goods fell within the statutory exemption under Rule 43 read with Schedule D of the Drugs and Cosmetics Rules, 1945, the Form 10 licence requirement could not be imposed by executive direction. The court held that the goods could not be treated as drugs for human use contrary to the governing rules, and that any settlement or conditions recorded in proceedings before another High Court could not displace the applicable statutory framework. The directions for re-export and related restrictions were therefore unsustainable. Release of the goods was permitted subject to verification of compliance with the prescribed rule and label requirements, while valuation issues were left open for adjudication before the appropriate forum.</description>
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