2018 (7) TMI 2306

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... HONOURABLE MR. JUSTICE ASHOK MENON For the Appellant : ADVS. SRI. E.K. NANDAKUMAR [SENIOR ADVOCATE], SRI. P. BENNY THOMAS, SRI. P. GOPINATH, SRI. K. JOHN MATHAI For the Respondent : STANDING COUNSEL FOR CENTRAL BOARD OF EXCISE & CUSTOMS, SRI. RAMAVARMA REGHUNATHAN THAMBURAN JUDGMENT Vinod Chandran, J: The issue raised in these appeals falls in a narrow compass by reason of the Circular issued .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... mounts of duty. As far as the deficiency is concerned, the appellant sought for refund. While accepting the excess amounts paid as duty, the refund was rejected finding no provision to net the quantity transferred on a monthly basis. 3. On the basis of an audit report by the Comptroller and Auditor General, the Ministry has taken a decision to permit monthly netting, which permission was granted .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Marketing Companies (OMCs) has to be considered for calculating the duty liability. Since the duty on the clearances during the entire month are to be paid by the 5th/6th of the following month, the net quantity received at the end of the OMCs based on the Joint Certification (JC) can be calculated and the duty on the excess quantity can be paid. The C&AG has accepted the view of the Ministry and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X