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2024 Supreme(Ker) 807

GOPINATH P.
Orient Exchange & Financial Services (P) Ltd. , Represented By Its Director Mr. Bhaskar Rao P. – Appellant
Versus
Asst. Commissioner Of Customs, Department Of Revenue, Central Board Of Indirect Taxes And Customs, Office Of The Assistant Commissioner Of Customs, Air Cargo Complex, International Airport, Nedumbassery, Cochin – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Aswin Gopakumar, Anwin Gopakumar, Aditya Venugopalan, Mahesh Chandran, Angita T. Menon, Saranya Babu, Abhishek S., Tomy Thomas
For the Respondent: P.R.Sreejith (Sr.SC)

JUDGMENT :

The petitioner is stated to be a company engaged in foreign exchange and remittance business through several branches spread over metropolitan and major cities in the country, on the strength of an Authorised Dealers Category-II licence issued by the Reserve Bank of India under the provisions of the Foreign Exchange Management Act, 1999, (hereinafter referred to as ‘the FEMA’), and the Regulations issued thereunder.

2. The petitioner states that, in terms of the licence issued to it under the provisions of the FEMA, and the relevant regulations, the petitioner is permitted to import foreign currencies. It is stated that during the month of April 2024, the petitioner wanted to import certain foreign currencies consisting of Thai Baht, Malaysian Ringgit, Philippine Peso, Canadian Dollar, Japanese Yen, Chinese Yuan and Singapore Dollar through Yes Bank Ltd. It is stated that the bank had filed a Bill of Entry declaring the goods to be falling under Tariff Item No.49070020 of the First Schedule to the Customs Tariff Act, 1975, and sought to avail the benefit of the concessional rate of customs duty under Serial No. 304A of Notification No.50/2017-Customs dated 30-06-2017 as am

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