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2008 (7) TMI 494 - MADRAS HIGH COURTClaim for exemption from the payment of customs duty in respect of the Steam Turbine imported by the petitioners by treating the same as falling under Entry 261 Chapter 98.01(i). - the expansion project envisaged by the petitioner included the Steam Turbine, which is an integral part of the petitioner’s expansion project - in the present case, even before deciding the issue, the Sponsoring Ministry consulted the Revenue and did not take into account relevant factors and merely went by the advice of Revenue. - The impugned orders passed by the respondents will have to be necessarily set aside. Accordingly, the writ petition is allowed and the impugned orders will stand set aside. The respondents are directed to grant the petitioner total exemption from the payment of customs Duty in respect of the Steam Turbine imported by them by treating the same as falling under Entry 261 Chapter 98.01. If the petitioner has already paid any duty for importing the said Steam Turbine, the same shall be refunded to the petitioner
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