9911796707
|
Home
Issues involved: Appeal against judgment directing refund of excess export duty recovered.
Summary: 1. The appeal was filed against a judgment directing the withdrawal and refund of excess export duty recovered from the petitioners by the Customs Authorities. 2. The petitioners, a Hindu undivided family engaged in exporting lumpy iron ore and iron ore fines, exported goods under certain notifications granting exemptions on customs duty based on iron ore content. The dispute arose when the petitioners claimed a refund of Rs. 3,17,599.84, alleging they had paid duty at a higher rate due to erroneous determination of iron ore content in the goods exported. 3. It was undisputed that the goods exported were in a moist condition, and the rate of customs duty had to be calculated based on the goods' condition at the time of export. The claim for exemption had to be determined considering the goods as moist iron ore fines and lumpy iron ores. 4. The appellants argued that physical analysis to determine iron ore content in moist goods was not feasible and that drying was necessary. However, the court rejected this argument, stating that a mathematical formula could determine the iron content based on the results of the analysis. Certificates issued by Italab (Goa) Pvt. Ltd. indicated an iron content of about 57%, supporting the petitioners' claim for a refund. 5. The court upheld the trial judge's conclusion, dismissing the appeal with costs. 6. The court expressed regret that the Authorities did not withdraw the appeal despite the lack of a serious challenge to the judgment, highlighting the need to consider saving public time and money in such matters.
|
