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2019 (5) TMI 1477 - DELHI HIGH COURTBenefit of N/N. 25/2001-Cus dated 1st March 2001 - Exemption from Gold and Silver produced out of Copper Anode Slime (CAS) after export of such CAS out of India for toll smelting and toll processing - HELD THAT:- Since one aspect of the matter viz., that no permission of the RBI is required, stands clarified, it is now for the Respondents to take a decision on whether the Petitioner should be granted exemption in relation to the gold/silver that it seeks to import in accordance with notification No. 25/2001-30 Cus dated 1st March 2001. The Court finds justification in the plea of the Petitioner that Respondents should not deny the exemption only because the period of one year in terms of the said notification for completing the import has already been crossed. Had the Petitioner been issued a proper clarification in reasonable time then it could have completed the exercise by now. It is directed that subject to the Petitioner ensuring that the actual import of the gold/silver extracted from the CAS that was exported on 10th October 2017 is now completed within 60 days from today and in any event not later than 31st July 2019, the Respondents will take a decision on whether the Petitioner should be granted exemption in terms of notification No.25/2001-Cus. - Petition disposed off.
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