Case Law Details
Ajanta Soya Ltd Vs Union of India & Ors. (Delhi High Court)
AIDC exemption eligible on soyabean oil import under TRQ upto 30.06.2023 if if goods landed before 30.06.2023 despite the facts that Bills of Lading are dated on or before 31.03.2023
The Delhi High Court recently adjudicated on a matter concerning Ajanta Soya Ltd versus Union of India & Ors., addressing a dispute surrounding the Agricultural Infrastructure Development Cess (AIDC) exemption and the Tariff Rate Quota (TRQ) for the import of crude soyabean oil. The case sheds light on the intricacies of import regulations, timelines, and the implications for stakeholders involved.
The crux of the matter revolved around the interpretation and application of various notifications and public notices issued by relevant government authorities. Ajanta Soya Ltd, the petitioner, contested the imposition of AIDC and the denial of TRQ exemption for its imports of crude soyabean oil. The company argued that its imports should be eligible for exemption under TRQ, as per the notifications issued by the Directorate General of Foreign Trade (DGFT) and the Ministry of Finance, Department of Revenue.
The sequence of events leading to the dispute is crucial for understanding the court’s decision. Initially, the DGFT issued a public notice allocating TRQ for the import of crude soyabean oil, valid for the financial years 2022-2023 and 2023-2024. This notice was accompanied by an exemption notification from customs duty and AIDC for goods falling under the TRQ.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
