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Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
The High Court held that the rejection of refund claim for Extra Duty Deposit (EDD) paid by the petitioner was unjustified. The EDD amount collected during Special Valuation Branch (SVB) proceedings was not a customs duty u/s 12 of the Customs Act, 1962. It was a deposit eligible for appropriation towards duty liability after final assessment. The amount over the payable duty should be refunded after Bill of Entry assessment, subject to no unjust enrichment u/s 27. The impugned order was set aside, and respondents were directed to complete proceedings within six months. The petition was allowed.
The High Court held that the rejection of refund claim for Extra Duty Deposit (EDD) paid by the petitioner was unjustified. The EDD amount collected during Special Valuation Branch (SVB) proceedings was not a customs duty u/s 12 of the Customs Act, 1962. It was a deposit eligible for appropriation towards duty liability after final assessment. The amount over the payable duty should be refunded after Bill of Entry assessment, subject to no unjust enrichment u/s 27. The impugned order was set aside, and respondents were directed to complete proceedings within six months. The petition was allowed.
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