Marsh Industry, India, has imported an ‘Article Bethell' in large quantities from Malaysia, a developing country, to meet the increased domestic…

CA Final · Indirect Tax Laws · MTP · May 2026
Marsh Industry, India, has imported an ‘Article Bethell' in large quantities from Malaysia, a developing country, to meet the increased domestic demand of its final product. The Central Government, concerned about the increased imports of said product, is considering the imposition of safeguard measures, as after conducting enquiry, it is satisfied that such imports are threatening to cause serious injury to the domestic industry. The share of imports of 'Article Bethell' from Malaysia constitutes 4% of the total imports of that article into India. Which of the following statements is/are correct in relation to imposition of safeguard measures in the given case? Choose the most appropriate option.
(A) (i) The Central Government is empowered to impose safeguard measures for a maximum period of 10 years from the date of its imposition. (ii) Safeguard measures can be imposed since share of imports of 'Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (iii) The Central Government is empowered to impose safeguard measures for a maximum period of 4 years from the date of its imposition with no further extension permitted. (iv) Safeguard measures cannot be imposed since share of imports of ‘Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (a) (i) and (ii)
(B) (i) The Central Government is empowered to impose safeguard measures for a maximum period of 10 years from the date of its imposition. (ii) Safeguard measures can be imposed since share of imports of 'Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (iii) The Central Government is empowered to impose safeguard measures for a maximum period of 4 years from the date of its imposition with no further extension permitted. (iv) Safeguard measures cannot be imposed since share of imports of ‘Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (b) (iii)
(C) (i) The Central Government is empowered to impose safeguard measures for a maximum period of 10 years from the date of its imposition. (ii) Safeguard measures can be imposed since share of imports of 'Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (iii) The Central Government is empowered to impose safeguard measures for a maximum period of 4 years from the date of its imposition with no further extension permitted. (iv) Safeguard measures cannot be imposed since share of imports of ‘Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (c) (iv)
(D) (i) The Central Government is empowered to impose safeguard measures for a maximum period of 10 years from the date of its imposition. (ii) Safeguard measures can be imposed since share of imports of 'Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (iii) The Central Government is empowered to impose safeguard measures for a maximum period of 4 years from the date of its imposition with no further extension permitted. (iv) Safeguard measures cannot be imposed since share of imports of ‘Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (d) (ii) and (iii)

Suggested Answer and Working Notes:

Correct Answer: Option (D)

(i) The Central Government is empowered to impose safeguard measures for a maximum period of 10 years from the date of its imposition. (ii) Safeguard measures can be imposed since share of imports of 'Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (iii) The Central Government is empowered to impose safeguard measures for a maximum period of 4 years from the date of its imposition with no further extension permitted. (iv) Safeguard measures cannot be imposed since share of imports of ‘Article Bethell' from Malaysia exceeds 3% of the total imports of that article into India. (d) (ii) and (iii)

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