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august 2016

Supreme Court of India · 2016-08-08

Cce,Ahmedabad vs M/S Gujarat Ambuja Exports Ltd

Citation / case number
AIR 2016 SUPREME COURT 3692
Court
Supreme Court of India
Petitioner
Cce,Ahmedabad
Respondent
M/S Gujarat Ambuja Exports Ltd
Author
A.K. Sikri
Bench
N.V. Ramana, A.K. Sikri

Judgment text excerpt

The Supreme Court ruled that the respondent was not entitled to the benefits of Notification No. 21/2002-Cus and Notification No. 66/2004-Cus for the import of crude palm oil, as it was used for manufacturing refined edible oil rather than for soap or Industrial Fatty Acid, which are the specified uses under the notifications. The Court held that the manufacturing process employed by the assessee did not qualify for the concessional duty as it lacked the necessary facilities for saponification and fat splitting. Consequently, the demand for customs duty and penalties imposed by the Revenue was upheld under Section 28AB and Section 112/114A of the Customs Act, 1962.

Cce,Ahmedabad vs M/S Gujarat Ambuja Exports Ltd · Niyam