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Customs - Highlights / Catch Notes

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The case involves the import of aircraft engines from the U.A.E. ...


SCOMET list: Aircraft engines from U.A.E. deemed civilian; export rules must be rational

Case Laws     Customs

August 14, 2024

The case involves the import of aircraft engines from the U.A.E. and the invocation of Catch-all provisions under Para 10.05 of the Foreign Trade Policy (FTP), 2023. The petitioner sought SCOMET authorization from the DGFT for exporting aircraft parts, claiming they are for civilian use. The court found that the engines in question were certified for civil aviation and did not fall under the Catch-all provisions. The court emphasized the need for rationality in export regulations, stating that items certified for civil use should not be restricted based on potential military applications. The impugned notification was quashed, and the writ petition was allowed by the High Court.

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