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CAAR Mumbai Ruling: Import Conditions, EPCG License, & Export Clarifications

Case Law Details

TaxGuru Citation
2024 taxguru.in 2298
Case Name
 In re Blue Star climatech Limited (CAAR Mumbai)
Date of Judgement/Order
Only available for paid members
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In re Blue Star climatech Limited (CAAR Mumbai)

In the recent case of In re Blue Star Climatech Limited, the Customs Authority for Advance Rulings (CAAR) in Mumbai addressed several crucial questions regarding import conditions, EPCG (Export Promotion Capital Goods) license usage, and export classifications. The ruling provides clarity on intricate matters impacting the operations of Blue Star Climatech Limited.

CAAR refrain ‘from passing a ruling on the five (05) questions i.e. from (i) to (v) (reproduced supra) asked in the subject application, which are related to duty drawback, inasmuch as, there no such jurisdiction vested in this authority as per the mandate of Chapter VB of the Customs Act, 1962.

Question (vi): Whether the Applicant can import the goods in bonded premise without payment of customs duty under Advance Authorization in accordance with Notification No. 21/2023, Customs dated April 2023 and use such goods in manufacture of exported product?

Answer: Yes, Subject to the fulfilment of the conditions stipulated in the Notification No. 21/2023- Customs dated 1st April 2023 and current Foreign Trade Policy, the Applicant can import the goods into the MOOWR unit, upon filing a bill of entry for home consumption and clearance, at the customs station of import. Such goods shall not be considered as warehoused goods in terms of section 60 of the Act.

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