Supreme Court · 1990 INSC 190 · Decided 4 May 1990

Indian Textile Paper Tube CO. LTD. v. Collector of Customs, Madras

Court
Supreme Court of India
Citation
1990 INSC 190 · [1990] 3 S.C.R. 96
Case number
CIVIL APPEAL No. 5014/1984
Decided
4 May 1990
Bench
SABYASACHI MUKHERJI, M.M. PUNCHHI, P.B. SAWANT (3-judge bench)
Case type
Civil
Acts & sections cited
Customs Act Section 28, 128, 131

Headnote

Customs Act, 1962: Sections 28( 1), (3) and 131( 1), (3), (5)-Suo motu revision by Central Government to annul/modify order of erroneous refund of duty-Period of limitation-What is. Mere order granting refund is not actual refund-Limitation to run from date of actual refund. The appellant imported to duty under heading 40.05 /16(3) at 40% plus D countervailing duty at the rate of 25% under Item 16-A(4) of the Customs Tariff Act, 1975. E F Thereafter, the appellant made an application for refund of the excess of duty so charged contending that the goods were in fact liable to be

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