The Delhi High Court held that equipment moved from the DTA to an FTWZ and subsequently cleared into the DTA under a new contract and fresh export certificate constitutes a fresh import, not a re-import. Accordingly, the appellants could not claim the exemption under Serial No. 5 of Notification No. 45/2017-Cus. by relying on the SEZ/FTWZ statutory fiction or by combining separate customs exemptions.
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