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2016 (5) TMI 1075 - MADRAS HIGH COURT

2016 (5) TMI 1075 - MADRAS HIGH COURT - TMI - Eligibility of refund of 4% Special Additional Duty (SAD) - Notification No.102/2007-Cus, dated 14.09.2007, as amended by Notification No.93/2008 dated 1.8.2008 - Sale of goods - Refund rejected as the petitioner has not paid VAT/CST on the said goods - Appeal is pending before CESTAT - Held that:- the first respondent is directed to dispose of the appeals preferred by the petitioner as early as possible, preferably within a period of four months fro .....

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onsent of both the parties, the writ petition itself is taken up for final disposal. 2. This writ petition has been filed seeking a writ of mandamus directing the first respondent to dispose of the appeal in diary numbers: (1) 413382015, dated 23.06.2015 (2) 425042015 dated 23.12.2015 (3) 400592016 dated 12.01.2016 (4) 405892016 dated 29.03.22016 (5) 405872016 dated 29.03.2016 (6) 405932016 dated 29.03.2016 (7) 405882016 dated 29.03.2016 (8) 405912016 dated 29.03.2016 (9) 405902016 dated 29.03.2 .....

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d all applicable import duties (basic Customs duty, Additional duty of customs and 4% Special Additional Duty of Customs) on the said goods. 4. Subsequently, they sold the goods and made a refund claim for ₹ 1,87,68,981/- of 4% Special Additional Duty (SAD) in terms of Notification No.102/2007-Cus, dated 14.09.2007, as amended by Notification No.93/2008 dated 1.8.2008, and has also furnished all the required documents. 5. However, the Assistant Commissioner rejected the claim holding that .....

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