Home Case Index All Cases Customs Customs + HC Customs - 2019 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 694 - HC - CustomsImport of Prohibited goods or not - basis of determination - Import of Black Pepper - N/N. 53/2015-2020 dated 21.03.2018 - prayer to release the goods - Held that:- N/N. 53/2015-2020 dated 21.03.2018 issued by the DGFT lays down the policy as to whether import of a certain item is free or prohibited. This obviously cannot be decided after the goods land in India. In the very nature of things, there must be certainty in these transactions. Therefore, the position that prevails on the date of raising of invoice alone will be the basis for determination. The issue as to whether import is free or prohibited will have to be necessarily decided based on the situation prevailing on the date of placing of the order or raising of invoice. Due to exchange rate fluctuation, CIF value had fallen below to ₹ 500/- per kg in this case. But, in invoice, CIF was above ₹ 500/- per kg - therefore, the import must be considered as free in this case. The respondents are directed to assess the Bill of Entry and allow the release of goods in question, after following the usual formalities - petition allowed - decided in favor of petitioner.
|