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Justice C.Saravanan directed the respondent to refund a sum of Rs.6,85,687 being difference between the value of the goods imported and the customs duty paid to the petitioner within appeal of 30 days from the date of receipt of this order together with interest at 7.5% from the date of payment till the date of refund. Since the amount of Rs.13,58,794/- was paid before clearance of any goods, that refund of amounts pursuant to this order and orders to be passed will be outside the scope of Section 27 of the Customs Act, 1962. It is made clear that the petitioner shall not be subjected to any test of unjust enrichment.
by Sekar Reporter · Published April 20, 2021
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Central gov appeal dismissed THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.2584 of 2022 1. Government of India, Represented by its Secretary to Government, Department of Fertilisers, Ministry of Chemicals & Fertilisers, Shastri Bhavan, New Delhi. 2. The Secretary to Government, Department of Agriculture, Government of India, Shastri Bhavan, New Delhi. 3. The Joint Secretary, Department of Agriculture and Co-Operation, Government of India, Shastri Bhavan, New Delhi. .. Appellants Versus M/s.Greenstar Fertilisers Ltd., “SPIC House”, No.88, Mount Road, Guindy, Chennai – 600 032. Rep by its Chief Financial Officer, J.Ravishankar .. Respondent. For Appellants : Mr.R.Rajesh Vivekananthan, Deputy Solicitor General of India For Respondent : Mr.A.L.Somayaji, Senior Counsel for Mr.AR.Karthik Lakshmanan JUDGMENT (Judgment made by the Hon’ble Mr.Justice D.Bharatha Chakravarthy) This Writ Appeal is directed against the order of the learned Single Judge, dated 23.08.2022, in and by which the learned Single Judge allowed the Writ Petition filed by the respondent herein on the following terms:-
by Sekar Reporter · Published November 3, 2023
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W.P.N.14458 of 2021 W.P.No.14458 of 2021 N.KIRUBAKARAN,J. AND R.PONGIAPPAN,J. (Order of the Court was made by N.KIRUBAKARAN,J.) Mr.C.K.Chandrasekaran, learned standing counsel takes notice on behalf of the 1 st Respondent; Mrs.R.Anitha, learned Government Advocate,
by Sekar Reporter · Published July 30, 2021