Notification and circular under Customs Act cannot take away benefit under FTP and HBP

Commissioner of Customs Vs Hyundai Motor India Limited (CESTAT Chennai)

CESTAT Chennai held that notifications and circulars issued under the Customs Act, 1962 cannot take away the benefit which is otherwise available under the Foreign Trade Policy [FTP] and Handbook of Procedure [HBP].

Facts- The Respondent, who is stated to be engaged in the manufacture of motor vehicles, in the course of its business, has imported various capital goods under the Export Promotion Capital Goods (EPCG) Scheme during the period 07.02.2007 to 28.05.2013. Capital goods importe

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