Challenging SC Judgment On Validity Of Pre-Import Condition Might Not Succeed

The Supreme Court has confirmed the legality of the pre-import restriction imposed by advance authorizations, as was to be expected. Many exporters have now voiced concerns about the future course of action. Here, I deal with a few of them.The Supreme Court determined that the Foreign Trade Policy (FTP) is essentially a pre-import scheme since Paragraph 4.03 of the FTP states that advance authorization is provided to allow duty-free import of input that is physically included in export products. Furthermore, the FTP’s paragraph 4.13 grants the government the authority to impose prerequisites for imports. Therefore, in my opinion, it is unlikely that a review petition challenging the judgement will be successful. Even yet, Section 25 contains the government’s authority to grant an exemption in certain circumstances. of the 1962 Customs Act.