https://www.taxtmi.com/caselaws?id=783547 Clause (ii) of Condition No. 6 in N/N 50/2023-Customs, requiring exports to be backed by an irrevocable LoC opened before 25.08.2023, was held inapplicable where no LoC mechanism was used. Since export through LoC is not statutorily mandatory and clause (ii) presupposes an existing LoC, it cannot be read as imposing a compulsory export mode on all exporters; a conjunctive reading with clause (i) would be purposeless and absurd. Applying contextual construction and the SC approach that procedural conditions should not defeat substantive entitlement, the HC held that fulfilment of clause (i) and realisation of export proceeds sufficed to meet the notification's object. Refund with lawful interest was directed within eight weeks. en-us Fri, 12 Dec 2025 00:00:00 +0530 Thu, 18 Dec 2025 08:01:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783547 Clause (ii) of Condition No. 6 in N/N 50/2023-Customs, requiring exports to be backed by an irrevocable LoC opened before 25.08.2023, was held inapplicable where no LoC mechanism was used. Since export through LoC is not statutorily mandatory and clause (ii) presupposes an existing LoC, it cannot be read as imposing a compulsory export mode on all exporters; a conjunctive reading with clause (i) would be purposeless and absurd. Applying contextual construction and the SC approach that procedural conditions should not defeat substantive entitlement, the HC held that fulfilment of clause (i) and realisation of export proceeds sufficed to meet the notification's object. Refund with lawful interest was directed within eight weeks. Case-Laws Customs Fri, 12 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783547