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Issues involved:
Jurisdiction of Delhi High Court to entertain writ petition challenging levy of countervailing duty on imported goods. Summary: The appellants imported partially oriented yarn (POY) and claimed exemption from countervailing duty under a notification issued u/r 8(1) of the Central Excise Rules. The dispute was whether the imported POY fell within a specific denier range for exemption. The authorities assessed the POY under a Circular issued by the Central Board of Excise & Customs. The appellants argued that duty should be levied at the time of import, not after undergoing a process, citing relevant judgments. The learned counsel for the respondent acknowledged the validity of the judgments supporting the appellants' position. The Delhi High Court's jurisdiction to hear the writ petition was established based on the issuance of the circular in Delhi. The Customs Tariff Act mandates duty to be levied on goods as imported. The POY in question fell within a specific denier range and was liable to duty as per the exemption notification. The Supreme Court allowed the Civil Appeal, setting aside the Delhi High Court's order, and also allowed the Writ Petition filed by the appellants. The bank guarantee furnished by the appellants was discharged. No costs were awarded in this matter.
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