Court Upholds Central Government's Power to Raise Import Duties from 5% to 10% Under Customs Act, Section 15.

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Full Text of the Document

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....Emergency power of Central Government to increase import duties - Validity of increase in rate of duty from 5% to 10% - the order of the learned Judge insofar as it examined the validity of the notification on the basis of the sufficiency of reasons/material available with the Central Government warranting exercise of its power in issuing such notification, is erroneous and unsustainable. - the order of the learned Judge in setting aside the notification, is erroneous and contrary to law. - The fact that the goods were in transit or the orders have been placed at the time when a lower rate of duty prevailed, will have no bearing for the rate of duty that would be applicable, shall be the rate of duty prevailing on the dates mentioned in Section 15 of the Customs Act, 1962 - HC....