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Customs - Highlights / Catch Notes

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


Court Rules Cost Recovery Charges Regulation as Unauthorized Tax, Deems it Ultra Vires to Customs Act 1962.

March 30, 2024

Case Laws     Customs     HC

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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