Cocoa powder import from Malaysia: FTA benefit denial challenged. Customs must verify origin certificate retroactively.

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....Denial of FTA benefit on import of Cocoa powder from Malaysia was challenged. The issue is res-integra, relying on SHIRAZEE TRADERS VERSUS C.C. -MUNDRA [2024 (1) TMI 781 - CESTAT AHMEDABAD], where it was held that to displace the certificate of origin issued by Malaysian authority, the verification process by Indian Customs Authorities to issuing authorities for retroactive check is required. Since facts and charges are identical, the ratio of the above decision is directly applicable. The impugned orders are unsustainable. Appeal allowed.....