VidhiSangh

Supreme Court of India · 23/01/2020

M/S. GRANULES INDIA LTD. versus UNION OF INDIA AND OTHERS

[2020] 2 S.C.R. 1182 · 2020 INSC 82

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Summary

The Supreme Court allowed the importer’s appeals against denial of customs-duty exemption for acetic anhydride imported under an existing advance licence. The clarificatory notification preserved exemption subject to its conditions, whose fulfilment was not disputed. Import after the intervening withdrawal notification did not justify different treatment of consignments under the same licence. The authorities could not defend the denial by professing ignorance of their own notification or relying on the importer’s failure to produce it.

Issues

  1. Whether exemption could be denied for the disputed consignments despite the clarificatory notification and the undisputed coverage of the advance licence.

Held

Result

Appeals allowed; impugned orders set aside.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 1182.