Retrospective exemption of additional customs duty enables refunds for specified imports and imposes a limited claim period following enactment. Deemed retrospective exemption is provided for barge mounted power plants under heading 98.01, treating them as always exempt from the additional duty of customs; the Central Government is deemed to have had the power to grant that exemption retrospectively. Collected additional duty that would not have been payable is refundable, and refund claims must be filed within six months from the date the Finance Bill receives presidential assent.
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Provisions expressly mentioned in the judgment/order text.
Retrospective exemption of additional customs duty enables refunds for specified imports and imposes a limited claim period following enactment.
Deemed retrospective exemption is provided for barge mounted power plants under heading 98.01, treating them as always exempt from the additional duty of customs; the Central Government is deemed to have had the power to grant that exemption retrospectively. Collected additional duty that would not have been payable is refundable, and refund claims must be filed within six months from the date the Finance Bill receives presidential assent.
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