Import exemption cannot be denied when DGFT licence was valid at time of import but cancelled later

M.R. & Co Vs Commissioner of Customs (CESTAT Chennai)

CESTAT Chennai held the denial of import exemption customs authority not justifiable since import was made under DGFT licence which was valid at the time of import and was cancelled by DGFT much later. Accordingly, order set aside and appeal allowed.

Facts- On specific intelligence and investigation by DRI, it was found that Duty Free Replenishment Scheme (DRFC) and Duty Free Imports Authorisation Scheme (DFIAS) were misused by over-invoicing of export goods by Shree Kuberappa & Sons, Bangalore. C

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