https://www.taxtmi.com/caselaws?id=784648 The dominant issue was whether an import licence condition stating that import of gold dore bars is "subject to" a later exemption notification barred the importer from claiming a separate, earlier customs duty exemption. The Tribunal held that "subject to" did not exclude other available exemptions; absent an express prohibition, an importer may avail any notification granting exemption, and the Commissioner's "if and only if" reading was unsupported by the licence terms. It further held, applying the HC's harmonised interpretation of the Customs Act and FTDR framework, that Customs could question duty liability on the basis of licence invalidity only if the DGFT had cancelled the licence. Consequently, duty demand, penalty, and redemption fine were set aside and the appeal was allowed. en-us Wed, 07 Jan 2026 00:00:00 +0530 Fri, 09 Jan 2026 08:29:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=784648 The dominant issue was whether an import licence condition stating that import of gold dore bars is "subject to" a later exemption notification barred the importer from claiming a separate, earlier customs duty exemption. The Tribunal held that "subject to" did not exclude other available exemptions; absent an express prohibition, an importer may avail any notification granting exemption, and the Commissioner's "if and only if" reading was unsupported by the licence terms. It further held, applying the HC's harmonised interpretation of the Customs Act and FTDR framework, that Customs could question duty liability on the basis of licence invalidity only if the DGFT had cancelled the licence. Consequently, duty demand, penalty, and redemption fine were set aside and the appeal was allowed. Case-Laws Customs Wed, 07 Jan 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=784648