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Customs - Highlights / Catch Notes

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Prohibiting export of Non-Basmati Rice - Retrospective effect of ...


Court Invalidates Rice Export Ban Notification for Violating Justice Principles and Excluding Transitional Benefits.

May 18, 2024

Case Laws     Customs     HC

Prohibiting export of Non-Basmati Rice - Retrospective effect of notification - Violation of principles of natural justice - Legitimate expectation - The High Court observed that the FTP 2023 includes a transitional arrangement clause ensuring that changes in policy do not adversely affect existing commitments through irrevocable commercial letters of credit (ICLC). The Court found that the impugned notification unjustifiably denied this benefit to the petitioners, even though similar provisions were applied in other cases, such as wheat exports. The lack of specific reasons for this denial rendered the notification arbitrary. - The court declared that the impugned notification dated 20.07.2023, insofar as it denies the benefit of the transitional arrangement under para 1.05 of FTP 2023, is bad-in-law.

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