DFIA Scheme - Legality of import of ‘sweet whey powder’ - Actual ...

Court Rules 'Actual User' Condition Does Not Apply to Transferees in Duty-Free Import Authorizations Under DFIA Scheme.

September 10, 2020

Case Laws     Customs     AT

DFIA Scheme - Legality of import of ‘sweet whey powder’ - Actual User Condition - The ‘duty-free import authorizations’ procured by the appellant-importer had been made transferable in accordance with the provisions of the Foreign Trade Policy and there is no whiff of allegation that the said endorsements had been procured unlawfully. The prescription of ‘actual user’ condition in the Foreign Trade Policy, and reflected in the corresponding notification issued under section 25 of Customs Act, 1962, cannot be said to be extended to transferees of such licences, except where specified otherwise, either in the policy prescriptions or in the notification, for that would be tantamount to imposing a condition that was not intended by the Central Government. - AT

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