Supreme Court of India · 1999-12-14
INDIAN FARMERS FERTILIZER CO-OP. LTD. vs THE UNION OF INDIA
- Citation / case number
- SC 1991/74518
- Court
- Supreme Court of India
- Petitioner
- INDIAN FARMERS FERTILIZER CO-OP. LTD.
- Respondent
- THE UNION OF INDIA
- Author
- Santosh Hegde
- Bench
- S.P.Bharucha R.C.Lahoti
Judgment text excerpt
The Supreme Court ruled on the applicability of auxiliary customs duty under Section 25(1) of the Customs Act, 1962 and Section 19 of the Finance Act, 1974, confirming that the appellant was wrongly charged a 15% duty instead of the applicable 5% for phosphoric acid imports. The Court held that the Notification No.14 dated 1.3.1974 must be interpreted to reflect the correct duty rate, thereby allowing the appellant's claim for a refund of the excess duty paid. The judgment emphasized the importance of adhering to statutory provisions in customs duty assessments.