2026 (9) TMI 211

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.... For the Respondent Nos. 4 & 5: Mr. Siddharth Chandrashekar and Mr. Abhishek R. Mishra. ORAL JUDGMENT (PER M. S. KARNIK, J.) 1. Heard learned counsel for the petitioner. 2. The petitioner prays for declaration that levy, collection and retention of interest on IGST paid on imports in terms of Section 3(7) read with unamended Section 3(12) of the Customs Tariff Act, 1975, for the peri....

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....he IGST Act. 4. During the period starting from 4th October, 2018 to 27th November, 2020, the petitioner effected 25 such imports by claiming additional duties of customs exemption followed by exports with refund of IGST paid on such exports. As per explanation to Rule 96(10) introduced retrospectively w.e.f. 23rd October, 2017, since the petitioner claimed benefit both on the import side (exem....

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....r submitted that this Court in Mahindra & Mahindra Ltd. Vs. Union of India (2023) 3 Centax 261 (Bom.) and A. R. Sulphonates Pvt. Ltd. Vs. Union of India 2025 (393) E.L.T. 246 (Bom.) has held that there were no provisions under the Customs Tariff Act, 1975 during the relevant period which empowered the Customs Authorities to levy and collect interest on belated payment of additional duties of custo....

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....(supra) and A. R. Sulphonates Pvt. Ltd. Vs. Union of India (supra) held that there were no provisions under the Customs Tariff Act, 1975 during the relevant period which empowered the Customs Authorities to levy and collect interest on belated payment of additional duties of customs. Further, it is profitable to rely upon the decision of recent origin of the Hon'ble Supreme Court in Goodluck India....