https://www.taxtmi.com/caselaws?id=784679 The dominant issue was whether an import licence condition stating that import of gold dore bars was "subject to" a 2012 customs notification barred availing exemption under a 2008 customs exemption notification. The Tribunal held that "subject to" did not negate other otherwise-available exemptions, and the licence did not mandate duty payment "if and only if" under the 2012 notification; hence the importer could claim the 2008 exemption. Relying on SC authority, it further held that Customs could not deny exemption or raise duty demand on alleged licence infirmities unless the licensing authority had cancelled the licence. Consequently, the duty demand under s.28(1), penalty under s.112(a)(ii), and redemption fine were set aside and the appeal was allowed. en-us Wed, 07 Jan 2026 00:00:00 +0530 Sat, 10 Jan 2026 08:25:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=784679 The dominant issue was whether an import licence condition stating that import of gold dore bars was "subject to" a 2012 customs notification barred availing exemption under a 2008 customs exemption notification. The Tribunal held that "subject to" did not negate other otherwise-available exemptions, and the licence did not mandate duty payment "if and only if" under the 2012 notification; hence the importer could claim the 2008 exemption. Relying on SC authority, it further held that Customs could not deny exemption or raise duty demand on alleged licence infirmities unless the licensing authority had cancelled the licence. Consequently, the duty demand under s.28(1), penalty under s.112(a)(ii), 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=784679