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C.C.E. New Delhlil Versus M/s. Micromax Information Ltd.

2016 (12) TMI 1155 - CESTAT NEW DELHI

Rejection of refund claim - SAD - N/N.102/07-Cus dated 14.09.2007 - rejection on the ground that violation of actual user condition - Held that: - Notification does to debar the sale of the imported goods if the same are imported under the actual use .....

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. - Appeal No. C/51159/2016-CU (DB) - FINAL ORDER No.55557/2016-CU(DB) - Dated:- 11-11-2016 - Ms. Archana Wadhwa, Member (Judicial) And Shri V. Padmanabhan, Member (Technical) Shri Govind Dixit, DR for the Applicants None present of the Respondent Pe .....

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ates to refund of Special Additional Duties (SAD) in terms of notification 102/07-Cus dated 14.09.2007. The Original adjudicating authority rejected the refund claim on the ground that the goods were imported for actual use in the manufacturing activ .....

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ion allows the refund of SAD subject to fulfillment conditions enumerated therein. Importer has sold the goods on Payment of VAT and has fulfilled all other conditions of the notification. If that be so, the refund cannot be denied. 5. The Revenue s .....

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