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2019 (12) TMI 955 - DELHI HIGH COURTRefund of Customs Duty - classification of goods - polyester cloths - petitioner had deposited a duty of ₹ 5,34,521.13 on the basis of the valuation of ₹ 27,22,160/- whereas as per respondent the duty leviable on this petitioner comes to ₹ 47,57,416/- - HELD THAT:- In view of the aforesaid Order-in-Appeal passed by the Commissioner of Customs (Appeals) dated 23.10.2013, a fresh sample drawn by the respondent is to be re-tested. Thus, fresh Order-in-Original will have to be passed by the respondent and therefore till then no refund can be granted to this petitioner. As the respondent has yet to pass an order on the basis of the retesting, as directed by the Commissioner of Customs (Appeals), we are not going much into the details of the case. Petition dismissed.
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