Home Case Index All Cases Customs Customs + HC Customs - 2023 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (8) TMI 1165 - BOMBAY HIGH COURT100% EOU - non-inclusion of value of ‘deemed exports’ in the total value of exports - shortage in the entitlement of the petitioner while clearing its finished goods in terms of paragraph 6.8 of the Foreign Trade Policy - ineligibility for DTA Sale with regard to ‘deemed exports’ - HELD THAT:- In view of what has been held by the Hon’ble Supreme Court in Arvind Cotspin [2023 (2) TMI 825 - SUPREME COURT], the said order is liable to be set aside - It was held in the case that the benefit of ‘deemed exports’ was liable to be considered and the distinction between ‘deemed exports’ and physical exports has been done away for the relevant period. The impugned order is set aside holding that the petitioner is not eligible for DTA sale in respect of deemed exports, on the basis of clarification dated 17.11.2008 received from respondent no. 2 which is ultimately based on the Office Memorandum dated 07.10.2008 and taking into consideration the application format for DTA Sale given at Annexure-A to Appendix 14-I-H of Handbook of Procedures, Volume-I and, for issuance of writ in the nature of mandamus directing the respondents to grant the benefit of deemed exports to the petitioner for calculating FOB value of exports in terms of para 6.8(a) of the Foreign Trade Policy. The petitioner is held entitled to benefit of deemed exports while calculating free onboard value of exports in terms of paragraph 6.8(a) of the Foreign Trade Policy. The benefit for the same be calculated and granted accordingly for the period from October-2005 to December-2007.
|