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2014 (11) TMI 1097 - DELHI HIGH COURT

2014 (11) TMI 1097 - DELHI HIGH COURT - 2016 (334) E.L.T. 488 (Del.) - Maintainability of appeal - Section 130 of the Customs Act, 1962 - issue relates to rate of duty of customs, which would include question of levy of duty on re-import - Held that: - the decision in the case of Commissioner of Service Tax v. Ernst and Young Private Limited [2014 (2) TMI 1133 - DELHI HIGH COURT] relied upon where it was held that the question of levy of duty would be included and also relate to rate of duty. Th .....

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e present appeals relates to levy of customs duty on re-import of goods, which had earlier been exported - appeal not maintainable under Section 130 of the Act and are accordingly directed to be returned - appellant may file an appeal under Section 130E of the Act. - CUSAA Nos. 42-43 and 45 of 2014 - Dated:- 25-11-2014 - Sanjiv Khanna and V. Kameswar Rao, JJ. Shri Satish Kumar, SSC and Ms. Shruti Yadav, Advocate, for the Appellant. Shri Aditya Bhattacharya and Ambarish Pandey, Advocates, for the .....

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stion of levy of duty on re-import. Reference can be made to the decision of this Court in Commissioner of Service Tax v. Ernst and Young Private Limited, CEAC No. 12/2013, decided on 25th February, 2014. Learned counsel for the appellant prays for some time to obtain instructions. Re-list on 25th November, 2014. 2. Appeal CUSAA No. 45/2014 was listed on 10th November, 2014 and was adjourned for today to enable counsel for the appellant to obtain instructions. 3. Learned counsel for th .....

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