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february 2014

Supreme Court of India · 2014-02-25

INTERNATIONAL CONVEYORS LTD. vs COMMNR. OF CENTRAL EXCISE & CUSTOMS

Citation / case number
SC 2004/25069
Court
Supreme Court of India
Petitioner
INTERNATIONAL CONVEYORS LTD.
Respondent
COMMNR. OF CENTRAL EXCISE & CUSTOMS
Author
ANIL R. DAVE
Bench
SHIVA KIRTI SINGH ANIL R. DAVE

Judgment text excerpt

The Supreme Court addressed the appeal concerning the refund of customs duty paid under protest by International Conveyors Ltd. for imported Nylon Yarn. The Court noted that the Central Excise Tribunal had previously ruled in favor of the appellant, requiring the Revenue to return the duty upon proof of end use. The Court held that the appellant's claim for refund should be honored, as the Revenue's show cause notice regarding unjust enrichment was unfounded, given the evidence provided by the appellant and confirmations from the buyers.

INTERNATIONAL CONVEYORS LTD. vs COMMNR. OF CENTRAL EXCISE & CUSTOMS · Niyam