Recent Madras High Court decision. in the case of Collector of Customs and other vs. Indo-Swiss Synthetic Gem Manufacturing Co. Ltd. passed by divisional Bench presided over by Hon'ble Chief Justice -Reg.
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Passing on incidence of duty: manufacturers cannot exclude customs duty from product price; 'directly' requirement rejected. The Madras High Court held that the provision concerning passing on the incidence of duty relates to transferring duty burden to any other person for refund purposes and that importing the word 'directly' into that test is incorrect. The court observed manufacturers will not exclude customs duty paid on raw materials from the finished product price, and thus the contention that the manufacturer did not pass the duty burden to consumers does not arise, at least as regards raw materials.
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Provisions expressly mentioned in the judgment/order text.
Passing on incidence of duty: manufacturers cannot exclude customs duty from product price; 'directly' requirement rejected.
The Madras High Court held that the provision concerning passing on the incidence of duty relates to transferring duty burden to any other person for refund purposes and that importing the word "directly" into that test is incorrect. The court observed manufacturers will not exclude customs duty paid on raw materials from the finished product price, and thus the contention that the manufacturer did not pass the duty burden to consumers does not arise, at least as regards raw materials.
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