Supreme Court of India · 2020-02-14
Union Of India vs M/S. Associated Container Terminal ...
- Citation / case number
- AIR 2020 SUPREME COURT 1287
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- M/S. Associated Container Terminal ...
- Author
- Hemant Gupta
- Bench
- Dinesh Maheshwari, Hemant Gupta, A.M. Khanwilkar
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's order that the demand for customs duty against the respondent was unauthorized under Section 72 of the Customs Act, 1962. The Court clarified that the provisions of Section 72(1)(d) apply only when goods have not been cleared for home consumption, which does not pertain to the warehouse-keeper. Consequently, the appellants were directed to refund Rs.27,47,146/- with interest at 12% per annum, affirming the High Court's decision.