Breach of condition of Foreign Trade Policy (FTP) - A decision ...

Show cause notice u/s 143 of Customs Act issued for potential Foreign Trade Policy breach, not Section 28 demand.

November 2, 2022

Case Laws     Customs     AT

Breach of condition of Foreign Trade Policy (FTP) - A decision on the contractual breach of obligation entered into in relation to schemes under the Foreign Trade Policy vests with the licencing authority and it is only upon such occurrence that it may be conclusively held that breach of condition is demonstrated. It is relevant here that the show cause notice has invoked section 143 of Customs Act, 1962 which provides for the execution of bonds for ensuring fulfillment of conditions. It is, therefore, not a demand under section 28 of Customs Act, 1962 - AT

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