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        Case ID :
        Customs

        The HC allowed the writ petition filed by the...

        Importer wins refund of infra cess on golf carts under exemption in Notification 1/2016 after reassessment direction

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The HC allowed the writ petition filed by the importer-petitioner seeking refund of excess customs duty paid as 'Infra Cess' on imported golf carts. Holding that the goods were clearly covered by the exemption under Notification 1/2016-Infrastructure Cess, the HC ruled that the benefit of exemption ought to have been granted and the collected amount cannot be retained. Relying on the law that refund must follow proper re-assessment, the HC directed re-assessment of the relevant Bills of Entry within two months and issuance of consequential refund thereafter. The petition was disposed of accordingly.
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