Customs duty paid on goods lost before time of clearance is to be refunded to importer

Ajay Industrial Corporation Ltd. Vs Assistant Commissioner of Customs (Refund) (Bombay High Court)

Bombay High Court held that customs duty paid on goods lost or rendered unavailable before the time of clearance for home consumptions is liable to be refunded back in terms of section 23 of the Customs Act, 1962. Accordingly, the petition is allowed.

Facts- The Petitioner has impugned the communication dated 28 December 2022 issued by Respondent No.1, whereby the Petitioner’s claim for refund of customs duty amounting to ₹35,37,358/- was rejected/disposed

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