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2013 (11) TMI 857 - HC - CustomsRefund of SAD - import sawnwood - post-import sawing of wood and subsequent sale - Conversion factor - Conversion factor 1.8027 or conversion factor 1.416 - Applicability of clarification / circular dated 26-4-2012 - Notification No. 102/2007-Customs dated, 14-9-2007 - Held that:- The conversion factor is, therefore, relatable to round timber logs which on import is liable to payment of Special Additional Duty and consequent refund, based on VAT paid thereon - it may not apply to a case of sawnwood. Therefore, the petitioner cannot make an issue by mixing and interchanging the conversion factor of round timber logs with that of the sawnwood. Both are independent of each other. If the import is round timber logs and sale is also the same, then, the clarification will apply. If the import is of sawnwood and sale is also sawnwood, the natural consequence is that VAT paid will be reckoned for the purpose of refund of Special Additional Duty. Two different factors cannot be clubbed together to confuse the issue on conversion of factor - Since the notification is specific and clear that it deals only with the round timber logs and not any other form, the writ petition filed by the petitioner on the misconception about the subsequent modification of the timber at his will is of no relevance to the circular/clarification - Following decision of Union of India v. Madras Steel Re-Rollers Association [2012 (8) TMI 788 - SUPREME COURT OF INDIA] - Decided agsinst Petitioner.
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