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Interpretation of 'duty of customs' under Customs Act excludes additional duty. Petition dismissed, payment deadline set. The court interpreted 'duty of customs' under the Customs Act, 1962, ruling it encompasses only basic customs duty, not additional or auxiliary duty. The ...
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Interpretation of 'duty of customs' under Customs Act excludes additional duty. Petition dismissed, payment deadline set.
The court interpreted "duty of customs" under the Customs Act, 1962, ruling it encompasses only basic customs duty, not additional or auxiliary duty. The inclusion of landing charges in the assessable value for customs duty calculation was upheld, citing precedent. The petition was dismissed, allowing payment of due amounts by a specified date with possible interest. Bank guarantees were to be maintained until payment, and the Prothonotary was directed to act on court minutes.
Issues involved: Interpretation of "duty of customs" u/s 25(1) of the Customs Act, 1962 and loading of landing charges in determining customs duty.
Interpretation of "duty of customs": The petitioners argued that "duty of customs" includes basic customs duty, additional, and auxiliary duty. However, the court, following previous judgments, held that "duty of customs" covers only basic customs duty, not additional or auxiliary duty. A Special Leave Petition filed against a similar judgment of the Kerala High Court was dismissed by the Supreme Court, affirming this interpretation.
Loading of landing charges: The petitioners contended that landing charges should not be included in the assessable value of imported goods for customs duty calculation. This argument was dismissed based on a Division Bench judgment in Ashok Traders v. Union of India, 1987 (32) E.L.T. 262. The petitioners were allowed to argue that only actual charges paid to the Port Trust, not an arbitrary percentage, should be considered if appeals against CEGAT orders are unsuccessful.
Final Decision: The petition was dismissed with no order as to costs. The petitioners were permitted to pay the amounts due for additional and auxiliary duty exemptions by a specified date, with interest if ordered, and were required to maintain bank guarantees until payment. The Prothonotary was directed to act on the minutes of the court.
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