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Customs - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Levy and collection of Cost recovery charges - Validity Of ...

Customs

March 30, 2024

Levy and collection of Cost recovery charges - Validity Of Notification No.26/2009 issued by Central Board of Excise and Customs - The appellants (CBEC) argued that the regulation was valid under Sections 141 and 157 of the Customs Act, 1962, and justified as administrative charges. However, the High Court found that the regulation lacked specific statutory authorization and amounted to an unauthorized tax, violating constitutional provisions. Therefore, the Court concluded that the regulation was ultra vires the Customs Act, 1962, and dismissed the appeal.

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