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july 2024

Supreme Court of India · 2024-07-23

M/S Navayuga Engineering Co.Ltd vs Union Of India

Citation / case number
2024 INSC 547
Court
Supreme Court of India
Petitioner
M/S Navayuga Engineering Co.Ltd
Respondent
Union Of India
Author
Pamidighantam Sri Narasimha
Bench
Aravind Kumar, Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court held that under Section 125 of the Customs Act, 1962, the owner of confiscated goods is liable to pay customs duty even after redeeming the goods by paying a fine. The Court clarified that the obligation to pay duty arises only when the owner opts for redemption and that the assessment of duty must be conducted under Section 28, which also entails liability for interest on delayed payment under Section 28AB. The Court further clarified that the previous ruling in Commr. of Customs (Import) v. Jagdish Cancer and Research Centre does not support the notion that duty liability under Section 125(2) cannot be assessed under Section 28.

M/S Navayuga Engineering Co.Ltd vs Union Of India · Niyam