9911796707
TMI Blog1987 (11) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... ted September 20, 1982 delivered by Mr. Justice Bharucha in Miscellaneous Petition No. 959 of 1979 striking down the assessment order, dated March 27, 1979 and directing the appellants to refund amount of Rs. 2,78,792.25 collected by the appellants after deducting the amount of countervailing duty of Rs. 38,107.86 together with interest on the net amount of Rs. 2,41,685.39 at the rate of 12% per a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and deodorised palmoleine. The vessel entered territorial waters of India on January 18, 1979. On March 1, 1979, the Central Government published Notification No. 42 levying basic Customs duty on the import of palmoleine at the rate of 12.5% ad valorem. The countervailing duty in existence prior to the date of notification in respect of import of palmoleine was removed with effect from March 1, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was not permissible for the Department to levy the basic Customs duty merely because notification was issued on March 1, 1979. The contention raised by the respondents was accepted by the learned Single Judge and the order of assessment was struck down and the order is under challenge. Mr. Sethna, learned Counsel appearing on behalf of the appellants, very fairly stated that in view of the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n if such exemption were withdrawn under Section 25(1) of the Customs Act before the goods are released for home consumption. Even if such goods were not exempt from the levy of countervailing duty under Section 2A of the Tariff Act, or additional duty under Section 3 of the Customs Tariff Act, they would still be treated as goods wholly exempt from Customs duty for the purpose of the levy of basi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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