Case Details: Commissioner of Customs (Port), Kolkata Versus Kanpur Edibles Pvt. Ltd. (2025) 27 Centax 141 (S.C.)
Judiciary and Counsel Details
- J.B. Pardiwala & R. Mahadevan, JJ.
- S/Shri N. Venkatraman, A.S.G., Ms Sunita Rao, Chitan Singhal, Dharmendra Kumar Pandey, Advs. & Gurmeet Singh Makker, AOR, for the Petitioner.
Facts of the Case
The assessee in this case is an importer of edible palm oil who filed a Bill of Entry on 17-09-2015 for the clearance of goods at the applicable Customs duty rate of 7.5%. On the same day, the Central Government issued a notification enhancing the duty rate on edible palm oil to 12.5%. However, this notification was published in the Official Gazette on 21-09-2015. The assessee, relying on the earlier rate, sought to clear the goods under the 7.5% duty rate. The CESTAT was approached to determine the appropriate rate of duty and the eligibility for a refund of excess duty paid. The CESTAT ruled in favor of the assessee, stating that the applicable duty rate should be based on the date of publication of the notification, and granted a refund of the excess duty paid. The Revenue, aggrieved by the Tribunal’s decision, filed an appeal before the Supreme Court.
Supreme Court Held
The Hon’ble Supreme Court held that the date of applicability of the notification enhancing the rate of Customs duty was the date on which it was published in the Official Gazette, and not the date of its issuance. Accordingly, the duty at the rate of 7.5% was payable by the assessee, and the appeal filed by the Revenue was dismissed on both the grounds of delay and merits.
List of Cases Review
- Commissioner v. Kanpur Edibles Pvt. Ltd. — (2025) 27 Centax 140 (Tri. – Kol.) — Affirmed [Para 2]
