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2023 (1) TMI 113 - HC - CustomsValidity of Notification bearing no.54/2022-Customs dated 19.10.2022 [i.e., Sl. No. 2(ii)] and the communication dated 21.11.2022 issued by respondent no.2 - import of equipment for the purpose of its solar power project - benefit of the concessional rate of customs duty available to the petitioner, denied on account of a purported retrospective amendment to the Project Import Regulations, 1986 - balance of convenience - HELD THAT:- The petitioner has set up a prima facie case. In case no interim protection is granted, the entire process of import is likely to get derailed. Although letters of credit have to be established in this particular case between March and April 2023, and in some other connected matters relating to group companies, have to be established in February-March 2023, the uncertainty as to whether or not the petitioner would be entitled to a concessional rate of duty would perhaps delay the execution of the project at hand. The balance of convenience, thus, is in favour of the petitioner because in case the petitioner was to fail in the instant writ petition, it would have to pay duty at the tariff rate and not at the concessional rate. Therefore, at the end of the day, this aspect of the matter has only a financial impact either way, qua which, a suitable direction can be issued. We are inclined to direct that no precipitate action be taken against the petitioner at the stage of import. This would, however, not create any equity in favour of the petitioner - List the matter on 26.04.2023.
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