UNION OF INDIA Vs. COSMO FILMS LIMITED

JUDGEMENT

(1.) These appeals are directed against a judgment and order of the Gujarat High Court,[1] wherein mandatory fulfilment of a pre-import condition[2] incorporated in the Foreign Trade Policy of 2015-2020 ("FTP") and Handbook of Procedures 2015-2020 ("HBP") by Notification No. 33 / 2015-20 and Notification No. 79 / 2015-Customs, both dtd. 13/10/2017, was set aside. According to the High Court, such fulfilment in order to claim exemption of Integrated Goods and Services Tax ("IGST")[3] and GST compensation cess[4] on input imported into India for the production of goods to be exported from India, on the strength of an advance authorization[5] ("AA") was arbitrary and unreasonable.

(2.) In terms of the Foreign Trade (Development and Regulation) Act, 1992 ("FTDRA") the Central Government ("Union") had been framing, from time to time, Export-Import Policies (or FTPs) for the development, regulation and control of imports and exports in the country. The Union announced duty exemption schemes as well. One among these was the AA. To regulate and guide the procedure to be followed for implementing the provisions of the FTP and the rules framed thereunder, the Director General of Foreign Trade ("DGFT") notified the HBP, chapter 4 of which prescribed the procedure for availing duty exemption / remission schemes. By paragraph 4.27, exports in "anticipation of authorisation" were permitted, so as not to create hindrances and delays in execution of export orders. At the time, Notification No. 18 / 2015-Customs dtd. 1/4/2015 exempted payment of basic customs duty ("BCD"), additional duty (countervailing duty ("CVD"), special additional duty ("SAD")), safeguard duty and anti-dumping duty on inputs imported against a valid AA.

(3.) The GST regime was introduced with effect from 1/7/2017. However, no amendment was made to Notification No. 18 / 2015-Customs with respect to IGST and compensation cess, resulting in the collection of these levies for the inputs imported into India against AAs.