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2020 (3) TMI 39 - HC - CustomsGrant of Duty Free Import Authorization (DFIA) - Export of Basmati Rice - It is submitted that as per para 4.29 of the Policy i.e. the Foreign Trade Policy for the year 2015-2020 in the matter of post-export, the period of import has to be calculated after the completion of the export and realisation of the proceeds - Whether PRC i.e. Policy Relaxation Committee has rightly considered the grievance of the petitioner on the anvil that the petitioner has prayed for post-export DFIA and not for pre-export DFIA? - HELD THAT:- The Committee has referred to the actual user condition in its impugned decision which would apply in a case of pre-export DFIA and not in a case of post-export DFIA. Therefore, the whole complexion of the decision of the Committee has changed as it does not deal with the actual issue raised by the petitioner in its representation/application which was to be dealt with by the said Committee. In such circumstances, the Committee is required to look into this matter again with reference to the fact that the case of the petitioner is post-export DFIA and not pre-export DFIA. The matter is remanded back to the Policy Relaxation Committee to decide the same afresh - Petition allowed by way of remand.
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