2026 (1) TMI 176 - HC - Customs

Customs duty hike based on Section 25(4) notification operative date challenged; demand quashed, refund with interest ordered.

Section 25(4) of the Customs Act, 1962 (as amended by the Finance Act, 2016), and the linked notification enhancing customs duty, were challenged as ... Constitutional Validity of Section 25(4) of the Customs Act, 1962 as amended by the Finance Act, 2016 and N/N. 29/2018-Cus dated 1.3.2018 - relevant date of operation of the notification - demand of higher rate of Customs Duty based on enhanced duty notification - HELD THAT:- A perusal of the material on record will indicate that the issue in controversy between the parties which is involved in the present petition and the reliefs sought for by the petitioner are directly and squarely covered in Ruchi Soya Industries Ltd. Vs. Union of India [2020 (9) TMI 422 - GUJARAT HIGH COURT] where it was held that 'The provisions of Section 25(4) of the Customs Act, 1962 is declared as arbitrary and contrary to Section 25(1) & (2)(A) of the Customs Act, 1962.' Section 25(4) of the Customs Act has been held to be illegal, ultravires and unconstitutional by the Andhra Pradesh High Court. The present petition deserves to be allowed and disposed of in favour of the petitioner - the impugned Bill of Entry is quashed - Respondents are directed to refund a sum of Rs.3,40,99,332/- together with interest from the date of deposit till the date of refund in favour of the petitioner within a period of three months from the date of receipt of a copy of this order - petition allowed. 1. ISSUES PRESENTED AND CONSIDERED (i) Whether the reassessment/assessment of specified Bills of Entry demanding a higher rate of customs duty, based on an enhanced-duty notification purportedly dated earlier than its electronic Gazette publication, could be sustained. (ii) Whether, in light of binding/consistent judicial pronouncements referred to by the Court, the petitioner was entitled to consequential relief of refund of the excess duty collected, together with interest, and within what time. 2. ISSUE-WISE DETAILED ANALYSIS Issue (i): Validity of reassessment/assessment applying enhanced duty prior to Gazette publication Legal framework (as discussed by the Court): The Court treated the controversy as governed by the judicial view (including that of the Supreme Court and multiple High Courts) concerning the enforceability of customs notifications vis-à-vis their publication in the Official Gazette/e-Gazette and the determination of applicable rate of duty with reference to the relevant bill of entry date/time under the customs law scheme. Interpretation and reasoning: On a perusal of the record, the Court concluded that the controversy and the reliefs sought were 'directly and squarely covered' by the decisions noted in the order. Proceeding on that basis, and noting that the issue concerning the legality of giving effect to an enhanced-duty notification before its Gazette publication had already been conclusively answered in those decisions, the Court held that the impugned reassessment/assessment actions could not stand. Conclusion: The Court quashed the impugned Bills of Entry to the extent they reflected the reassessment/assessment requiring payment of duty at the higher rate. Issue (ii): Entitlement to refund of excess duty with interest and timeline for compliance Legal framework (as discussed by the Court): The Court relied on the consequence flowing from the above 'covered' issue, namely that collection of enhanced duty in such circumstances is impermissible and warrants restitution with interest, as recognised in the decisions the Court applied. Interpretation and reasoning: Having allowed the petition on the basis of the controlling precedents, the Court granted consequential monetary relief. It treated the refund as a direct consequence of quashing the impugned assessments/reassessments, and directed that the amount collected be returned along with interest for the period from deposit until refund. Conclusion: The Court directed refund of the quantified excess amount together with interest from the date of deposit until the date of refund, to be made within three months from receipt of the order.