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2022 (11) TMI 707 - HC - CustomsFixation of minimum price for importation of betel nuts - power to regulate and/or control the importation of any item - competence of the DGFT to issue notification restricting the importation of betel nuts below the CIF value fixed by the DGFT - tariff value fixed by the importer in its shipping bill has been annulled and/or overridden due to the notification issued by the DGFT in fixing the CIF value of betel nuts for the purpose of importation - Foreign Trade (Development and Regulation) Act, 1992. HELD THAT:- The Hon’ble Supreme Court in Union of India and Others vs. Raj Grow Impex LLP and Others, [2021 (6) TMI 778 - SUPREME COURT] while considering the effect of the notification issued by the Central Government under the FTDR Act and also consequential Trade notices issued by the DGFT held that the goods in question are to be held liable to absolute confiscation but with a relaxation of allowing re-export, on payment of the necessary redemption fine and subject to the importer discharging other statutory obligations. The above decision are of much relevance to the case on hand. However, as observed earlier, they could not be placed before the Tribunal because these decisions were rendered much after the order was passed by the Tribunal. The matter should be re-heard by the Tribunal and a fresh decision should be taken on merits after taking note of the legal position - Appeal allowed by way of remand.
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