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Circular cannot impose new condition and restrict scope of exemption notification
Case Law Details
- Case Name
- Bank of Nova Scotia Vs Commissioner of Customs (CESTAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Kolkata
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Bank of Nova Scotia Vs Commissioner of Customs (CESTAT Kolkata)
CESTAT Kolkata held that circular cannot impose new condition and restrict scope of the exemption notification. Accordingly, demand of customs duty based on condition imposed vide circular no. 24/98- Cus unjustified.
Facts-
The Appellant is a ‘Nominated Agency’ in accordance with the Foreign Policy. As per the scheme introduced by the Government of India – ‘Export against supply by Nominated Agency’, the Appellant imported gold/silver/platinum (The goods) without payment of customs duty and supplied the same to various e...
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