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2013 (11) TMI 1300 - AT - CustomsImport and sale of Timber - Refund of SAD - Whether the respondents are entitled to refund on the basis of conversion factor notified in Public Notice No. 21/2012 dated 11/05/2012 - Held that:- There is no logic for adopting the formula of Karnataka Forest department has been given in the Public Notice. There is also no indication as to whether there were different formulae of conversion in other States and there is no indication why they were not taken into account if they were there,. There is also no logic as to why the ratio of Gujarath Forest Department preferred to the ratio of Karnataka Forest Department, except for the fact that if the formula of Gujarat Forest Department is adopted the quantum of refund payable would be less. In such a situation, it would be difficult to take a view that this will have a retrospective effect - there is absolutely no logic in applying this Public Notice retrospectively and in fact, the Public Notice itself has been issued to maintain uniformity and not to adopt a particular ratio or formula to ensure that it is correct - Decided against Revenue.
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