2019 (3) TMI 715

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.... Ld. Advocate submits that the issue relates to import of plastic granules of various grades under Transferred Duty Free Import Authorization (DFIA) Scheme read with Customs Notification No.40/2006-Cus. dt. 1.5.2006; that imports were cleared prior to 19.02.2009. Ld. Advocate submits that Notification No.17/2009-Cus. dt.1.9.2009 amended condition No.(iii) of the earlier notification and introduced condition No.(iii) (a) and (iii) (b). Further by Section 93 (1) of the Finance Act, 2009, the said amendment was given retrospective effect w.e.f. 1.5.2006. The appellant had challenged the validity of the retrospective amendment by filing writ petitions before the Hon'ble High Court of Madras, who vide their judgement dt. 01.11.2017 held that ....

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....nly period of dispute before 19.02.2009. 2. On the other hand, Ld. A.R. Ms. T. Usha Devi opposes the appeals. She also opposes the prayer of the Ld. Advocate to get some of the cases delinked from this batch. 3. Heard both sides and have gone through the facts. 4. Discernably, the periods of dispute in the appeals are clearly before the amendment caused w.e.f. 19.02.2009 vide Notification No.17/2009-Cus. dt. 19.02.2009. The retrospective application of that amendment, sought to be brought about by the Government by Section 93 (1) of the Finance Act, 2009 w.e.f. 1.5.2006 has been set aside by the Hon'ble High Court. The relevant paragraphs of the High Court's order pronounced on 01.11.2017 are as under : "24. Having considered th....

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....ctional High Court for this Tribunal. There is also nothing brought forth by Revenue that said High Court decision has been stayed or set aside by the Hon'ble Apex Court. We also find that the dispute subsequent to the cut off date of 19.02.2009 will have to be necessarily debated by both sides on merits since same will not be covered by the High Court decision supra. In the circumstances, it is ordered as under : (i) Impugned orders in respect of Appeal Nos. C/41501/2014, C/41502/2014, C/41503/2014, C/41505/2014, C/41508/2014, C/41509/2014 are required to be set aside in view of the Hon'ble High Court orders pronounced on 01.11.2017 in the batch of writ petitions inter alia, filed by the appellants therein. Impugned orders in these appe....