2016 (5) TMI 176 - HC - Customs

Claim of Exemption form CVD where the like products are not being manufactured in India - Held that - concerned respondent authority is directed to finally assess the Bills of Entry as mentioned in the chart on the basis of the observations made by the Supreme Court in the judgment in the case of M/s. SRF Ltd. v. Commissioner of Customs Chennai 2015 (4) TMI 561 - SUPREME COURT and in the case of M/s. ITC Ltd. v. Commissioner of Customs (Import & General) New Delhi 2015 (4) TMI 561 - SUPREME COURT and if distinguishable give a decision in the matter supported with cogent reasons. - Mere filing a review petition before the SC cannot be held that the decision rendered are not valid as on date - Petition disposed of

Summary

Issues:
1. Interpretation of Supreme Court judgment on customs matters.
2. Finality and binding nature of Supreme Court judgment.
3. Direction to Customs authorities for assessment based on Supreme Court observations.

Analysis:
Issue 1: The Court considered the interpretation of a Supreme Court judgment dated 26th March, 2015, in Civil Appeal No. 9440 of 2003 and Civil Appeal No. 1623 of 2009, which were related to customs matters. The petitioner sought to raise an issue covered by the observations made in these judgments.

Issue 2: The Customs authorities argued that a Review had been preferred against the Supreme Court judgment, indicating that it had not reached finality. However, the Court disagreed, stating that until the judgment stands recalled, modified, or varied in Review, it remains final and binding. The Court rejected the argument that the facts of the present case were distinguishable from the Supreme Court case.

Issue 3: The Court disposed of the writ petition with a direction to the respondent authority to assess the Bills of Entry mentioned in the petition based on the observations of the Supreme Court judgment dated 26th March, 2015. The Customs authorities were instructed to give a decision supported by cogent reasons if the case was distinguishable from the Supreme Court judgment. Additionally, the Court ordered the supply of an urgent certified copy of the order to the parties upon compliance with formalities.