Court Rules Importer Didn't Violate 'Actual User Condition' with Duty-Free Materials Write-Off; Revenue's Claim Rejected.

Writing off the duty free imported material from the books of accounts without paying duty - violation of norms of 'Actual User Condition' - respondent (importer) was allowed to import 2% in excess of their actual requirement towards wastage - Clause (vii) of the Notification has to be read in the context of the legal provisions and cannot be read in isolation. The word 'any manner' therefore, cannot include within its ambit written off duty free imported material in the books specially when the same was in the custody of the respondent itself as writing off of the same is permissible in law. Therefore, the contention of the revenue that provision or clause (vii) of the Notification. Was violated does not deserve acceptance. - HC .....

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