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january 2016

Supreme Court of India · 2016-01-22

BUSSA OVERSEAS & PROPERTIES (P) LTD.&ANR vs UNION OF INDIA

Citation / case number
SC 2004/25974
Court
Supreme Court of India
Petitioner
BUSSA OVERSEAS & PROPERTIES (P) LTD.&ANR
Respondent
UNION OF INDIA
Author
Dipak Misra

Judgment text excerpt

The Supreme Court addressed the appeal against the Bombay High Court's refusal to condone a 129-day delay in filing a review application regarding a customs duty refund claim under Section 18(2) of the Customs Act, 1962. The Court held that the High Court's decision was justified as the appellants had passed on the duty incidence to customers, leading to unjust enrichment, thus affirming the dismissal of the writ petition. The Court emphasized that the refund claim under Section 18(2) was valid, but the circumstances warranted the High Court's refusal to exercise its writ jurisdiction.

BUSSA OVERSEAS & PROPERTIES (P) LTD.&ANR vs UNION OF INDIA · Niyam