Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights April 2025 Year 2025 This

HC affirmed the validity of customs duty notifications, ...


Customs Duty Notifications Upheld: Additional Levies Valid Despite Exemption Claims Under Section 25 Customs Act

April 19, 2025

Case Laws     Customs     HC

HC affirmed the validity of customs duty notifications, rejecting petitioner's challenge to additional duty levies. The court held that goods exempted from basic customs duty can still be subject to additional duty under respective enactments. Notification No.24/2005 does not preclude levy of 4% additional duty under Notification No.19/2005. The government retains discretionary power under Section 25 of Customs Act to grant conditional or absolute exemptions. The court emphasized that nil or free tariff classification does not automatically eliminate potential duty liability. Consequently, the petition was dismissed, upholding the customs authorities' right to impose supplementary duties on imported goods.

View Source

 


 

You may also like:

  1. The Madras High Court considered the liability to pay Social Welfare Surcharge (SWS) and the use of MEIS/SEIS Scrips for discharging the same. The Court held that...

  2. A legal challenge was raised regarding the requirement to pay the Social Welfare Surcharge (SWS) on imported goods when the basic customs and additional duty were...

  3. The HC dismissed the petition challenging the order of the Settlement Commission imposing interest on delayed payment of customs duties under a valid notification. The...

  4. Retrospective exemption granted from payment of any customs duty on import of "Rough diamonds (industrial or non-industrial)" for the period 1.7.2017 to 1.2.2022....

  5. CESTAT adjudicated a customs duty dispute involving raw silk fabric imports. The tribunal ruled in favor of the importer, finding that notification conditions deemed...

  6. The importer imported consignments of "Ground Colemanite (B2O3 40%) Natural Boron Ore" and claimed exemption from basic customs duty under relevant notifications. The...

  7. Reversal of Cenvat Credit - Scope of exemption notification - Notification exempting the basic excuse duty but not additional duty of excise - As per Rule 2(d),...

  8. Eligibility for customs duty exemption under India-Sri Lanka Free Trade Agreement for imported areca nuts classified under CTH 0802 8090 - goods fulfill requirements of...

  9. Exemption from Customs Duty: Notification amends notification No. 50/2017-Customs to insert new entries 544A and 613 in the Table, granting concessional 5% customs duty...

  10. Exemption to Additional Customs Duty on Aviation Turbine Fuel (ATF) - there is no such indication in the notification - General Rules of Interpretation cannot at all be...

  11. CESTAT partly allowed appeal concerning duty demands on DTA sales by SEZ unit. Court held Commissioner of Customs has jurisdiction to demand duty on unauthorized DTA...

  12. Validity of customs notification - anti-dumping duty - sunset review - If the contention of the appellant that the notification has to be issued during the life time of...

  13. This case deals with the applicability of Special Additional Excise Duty (SAED) levied u/s 147 of the Finance Act, 2002, and Additional Duty of Excise (AED) levied as...

  14. Levy of customs duty on import of wheat - rate of duty increased from 20% to 30%

  15. The Central Government has rescinded Notification No. 32/2022-Customs dated 30th June 2022, which exempted imports of Petroleum Crude and Aviation Turbine Fuel (ATF)...

 

Quick Updates:Latest Updates