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december 1999

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.

INDIAN FARMERS FERTILIZER CO-OP. LTD. vs THE UNION OF INDIA · Niyam