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    <title>1999 (9) TMI 86 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=45224</link>
    <description>Illegally detained and confiscated imported goods entitled the importer to monetary restitution measured at the time the goods ought to have been cleared for home consumption. The SC presumed a rational importer would not import goods unless their Indian market value exceeded the CIF value plus duty, and noted the revenue did not contend comparable goods were then available cheaper; hence the authority was obliged to restore the money value of the goods wrongfully withheld. The Court declined the claimed 21% interest as excessive and, since a departmental order had already held the import legal and correctly described, directed refund of the assessed value with reasonable interest. The applications were allowed, directing payment of the goods&#039; value with 12% interest from 01-02-1989 until payment.</description>
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    <pubDate>Fri, 17 Sep 1999 00:00:00 +0530</pubDate>
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      <title>1999 (9) TMI 86 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=45224</link>
      <description>Illegally detained and confiscated imported goods entitled the importer to monetary restitution measured at the time the goods ought to have been cleared for home consumption. The SC presumed a rational importer would not import goods unless their Indian market value exceeded the CIF value plus duty, and noted the revenue did not contend comparable goods were then available cheaper; hence the authority was obliged to restore the money value of the goods wrongfully withheld. The Court declined the claimed 21% interest as excessive and, since a departmental order had already held the import legal and correctly described, directed refund of the assessed value with reasonable interest. The applications were allowed, directing payment of the goods&#039; value with 12% interest from 01-02-1989 until payment.</description>
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      <pubDate>Fri, 17 Sep 1999 00:00:00 +0530</pubDate>
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