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Customs - Highlights / Catch Notes

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Notification 188/93-Cus extended exemption to 100% EOUs for ...


Customs duty exemption saga for aquaculture imports & exports despite conflicting notifications.

Case Laws     Customs

November 4, 2024

Notification 188/93-Cus extended exemption to 100% EOUs for import of specified goods, including raw materials, for use in integrated aquaculture farms and export of farm products. Notification 183/93-Cus amended Notification 13/1981, appearing to restrict exemption for aquaculture units. However, Notification 188/93-Cus maintained exemption during the interim period till rescinded by Notification 196/1994. Clause 9 of Notification 196/1994 ensured seamless continuity of exemption granted under Notification 13/1981, including the interim period, rendering invocation of bank guarantees by Customs erroneous. Section 159A of Customs Act inapplicable due to contrary intention expressed in Notification 196/1994 regarding continuance of exemption benefits.

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