2015 (9) TMI 666 - SCH - Customs

Levy of education cess and additional duty when basic customs duty is exempt - duty-free imports were being made under DEPB scheme - Benefit of Exemption Notification No. 32/2005-Cus. - Supreme Court after condoning the delay found no ground to interfere with the appeal file dby the Revenue against the deciison of High Court 2014 (1) TMI 169 - GUJARAT HIGH COURT wherein High court held that Merely because the conditions provided for adjustment of credit in the DEPB scrips, it cannot be stated that either there was no exemption from payment of customs duty or that the Central Government was levying and collecting customs duty from the importers in form of adjustment of credit in the DEPB scrips. Thus through such adjustments on the DEPB scrips at the time of further imports, customs duty component is sought to be neutralised.

Summary

The Supreme Court dismissed the Special Leave Petitions, stating that no grounds were found to interfere in the matter. The delay was condoned. (2015 (9) TMI 666 - SC Order)