CA Final · Indirect Tax Laws · Foreign Trade Policy
The Central Government proposes to amend a provision of the Foreign Trade Policy 2023 and invites views from importers, exporters and industry experts. Mehta Traders argues that the Government must always give 30 days to stakeholders and cannot amend the Policy without consultation. Which statement is correct under Paragraph 1.07(A)?
Under Paragraph 1.07(A), consultation is discretionary. The Government may seek stakeholder views when it deems reasonable and, to the extent possible, allow 30 days, but it reserves the right to formulate or amend Policy provisions suo moto without seeking any views.
- AConsultation is mandatory in every case and the 30-day period is a fixed minimum
- BGovernment may seek stakeholder views as it deems reasonable, with 30 days provided to the extent possible, and may amend suo moto without seeking viewsCorrect
- CConsultation is permitted only for importers and not for exporters
- DAny amendment made without consultation is void
Explanation
Paragraph 1.07(A) says the Government may seek views when it deems reasonable and, to the extent possible, 30 days may be provided. It also reserves the right to formulate or amend provisions suo moto without seeking views. Hence mandatory consultation or voidness is wrong.
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