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Customs - Highlights / Catch Notes

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CESTAT allowed appeal concerning classification dispute of ...


Customs Cannot Deny Duty Exemption After DGFT Issues Export Obligation Discharge Certificate Under Notification 18/2015-Cus

February 25, 2025

Case Laws     Customs     AT

CESTAT allowed appeal concerning classification dispute of imported Aluminium Foil under Advance Authorization Scheme. Appellant imported raw material (Aluminium Foil 50 MIC +/-10%) under multiple authorizations, completed export obligations, and obtained Export Obligation Discharge Certificates (EODCs) from DGFT for all but one authorization. Following SC precedent in Titan Medical Systems, CESTAT held that Customs authorities cannot deny duty exemption under notifications post-EODC issuance. If violations were suspected, matter should have been referred to licensing authority rather than demanding duty. Tribunal confirmed appellant's entitlement to benefits under Notification 18/2015-Cus, rejecting customs authorities' reclassification-based duty demand.

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