𝐀𝐚𝐝𝐫𝐢𝐤𝐚𝐚 𝐋𝐞𝐠𝐚𝐥 𝐒𝐞𝐫𝐯𝐢𝐜𝐞𝐬 (𝐀𝐋𝐒)

Tag: #Customs

CESTAT Bangalore Allows Refund: Quashing of Unconstitutional Export Duty on SEZ Supplies
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 17.07.2026

CESTAT Bangalore Allows Refund: Quashing of Unconstitutional Export Duty on SEZ Supplies

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Bangalore recently delivered a significant judgment in the case of Vikas Telecom Private Limited, addressing the refund of customs duty paid under provisions later declared unconstitutional. This article provides a detailed analysis of the case, its legal context, and its implications for Special Economic Zone (SEZ) developers and the broader business community.

Background of the Case

Vikas Telecom Private Limited, an SEZ developer approved under Section 2(g) of the Special Economic Zone Act, 2005, was engaged in developing Embassy Tech Village, a notified SEZ. Under Section 26 of the SEZ Act, SEZ developers are exempt from customs duties on goods and services required for authorized operations. However, a customs notification (No. 66/2008-Cus) imposed a 20% export duty on iron and ferrous products, and subsequent administrative instructions required SEZ developers to pay this duty upfront.

Challenging these instructions, Vikas Telecom and other SEZ developers filed writ petitions, arguing that such levies contradicted the SEZ Act. The Karnataka High Court, in the case of Shyamaraju & Co. (India) Pvt. Ltd. & Others v. Union of India, ruled that imposing export duty on supplies to SEZs was unconstitutional. The Supreme Court later upheld this decision, quashing the duty demand.

The Refund Claim Journey

Despite the favorable court orders, Vikas Telecom had already paid the disputed export duty (including interest) during the pendency of litigation. The company sought a refund through the following steps:
1. Initial Application: Filed with SEZ authorities, who redirected the claim to the Customs Department.
2. Subsequent Applications: Filed with the Assistant Commissioner and then the Additional Commissioner of Customs, Air Cargo Complex, Bangalore.
3. Rejection at Lower Levels: The refund was rejected at both the adjudication and appellate levels, citing lack of evidence, limitation period, and concerns over unjust enrichment.
Key Legal Issues Examined

1. Limitation Period for Refund Claims

Authorities argued that the refund claim was time-barred, as it was filed beyond the one-year limitation prescribed under Section 27 of the Customs Act. However, CESTAT relied on Supreme Court and High Court precedents, holding that when tax is paid under mistake or compulsion and later declared unconstitutional, the limitation does not apply strictly. The Tribunal emphasized that refusing to return such amounts would violate Article 265 of the Constitution (no tax without authority of law).

2. Unjust Enrichment

The department contended that Vikas Telecom had not proven it bore the duty’s incidence and had not passed it on to others, especially since a contractor (JMC Projects India Ltd.) was involved. However, Vikas Telecom provided:
- Certificates from the contractor confirming the duty was recovered from Vikas Telecom and not claimed by the contractor.
- Chartered Accountant certificates confirming the duty was not passed on to any other party.
- Bank evidence of payment.
CESTAT found these documents sufficient, noting that the steel was used for SEZ development and not resold, so the presumption of unjust enrichment did not apply.

3. Jurisdiction and Procedural Issues

The department also raised jurisdictional objections and questioned whether the correct authority was approached. The Tribunal clarified that the refund process followed by Vikas Telecom was reasonable, given the directions and returns from various authorities.

The Tribunal’s Decision

CESTAT set aside the orders rejecting the refund, holding:
- The refund claim was not time-barred, as the payment was made under compulsion and later declared illegal.
- There was no unjust enrichment, as Vikas Telecom bore the duty and did not pass it on.
- The company followed due process in seeking the refund.
The Tribunal allowed the appeal, directing the refund of the customs duty to Vikas Telecom, with consequential relief as per law.

Implications and Takeaways
1. Affirmation of SEZ Exemptions: The ruling reinforces the statutory exemptions available to SEZ developers and the supremacy of the SEZ Act over conflicting notifications.
2. Refunds for Unconstitutional Levies: Businesses forced to pay duties or taxes later declared unconstitutional can claim refunds, even beyond standard limitation periods.
3. Burden of Proof for Unjust Enrichment: Proper documentation (CA certificates, contractor confirmations, payment evidence) is crucial to establish that the duty was not passed on.
4. Procedural Diligence: Persistence in following up with the correct authorities and maintaining a clear paper trail is essential for successful refund claims.
Conclusion

The Vikas Telecom CESTAT Bangalore decision is a landmark for SEZ developers and businesses facing similar disputes. It underscores the importance of legal clarity, procedural rigor, and the judiciary’s role in upholding statutory rights against administrative overreach. SEZ developers and other affected parties should review their past duty payments and consider seeking refunds where similar circumstances apply.

Connected Matter

Gujarat High Court Orders IGST Refund on Unconstitutional Ocean Freight Levy

Source: CESTAT Bangalore

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July 17, 2026
Gujarat High Court Quashes Customs Corrigendum in Pigment Import
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 16.07.2026

Gujarat High Court Quashes Customs Corrigendum in Pigment Import

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

Messers Vidres India Ceramics Pvt. Ltd. & Anr. challenged a Corrigendum issued by the customs authorities after the conclusion of adjudication proceedings regarding the classification and assessment of imported pigments. The dispute centered on whether the imported goods should be classified as “Pigments” (as claimed by the petitioners) or “Printing Ink” (as alleged by the Directorate of Revenue Intelligence, DRI), which would attract a higher customs duty.

Timeline of Events
1. 2012–2013: Petitioners imported several consignments of pigments, cleared under the classification 32071090, and paid the assessed customs duties.
2. April 2014: DRI issued a show cause notice proposing to reclassify the imports as “Printing Ink” based on laboratory reports, seeking higher duties.
3. 2014–2016: Petitioners responded, requested cross-examination, and participated in hearings. The adjudicating authority concluded the hearing on July 11, 2016, and reserved the matter for final orders.
4. August 22, 2016: After the hearing was concluded, the customs department issued a Corrigendum introducing new allegations and evidence, linking the petitioners’ imports to those of another company, M/s. Krishna Colour Chem.
Legal Arguments

Petitioners
- The Corrigendum was issued after the adjudication process had concluded, which is not permissible under the law.
- Corrigenda are meant for correcting minor errors, not for introducing new evidence or allegations.
- The relevant legal provisions (Section 28 of the Customs Act, as it stood before March 29, 2018) did not allow for such post-hearing amendments.
Customs Department
- Argued that amendments to Section 28 and subsequent regulations allowed for supplementary notices when new evidence emerged.
- Cited the right to amend or supplement the show cause notice prior to adjudication, as stated in the original notice.
Court’s Analysis
- The Court found that the adjudication process was completed on July 11, 2016, and the Corrigendum was issued more than a month later, introducing new allegations and evidence.
- The clause in the show cause notice allowing amendments applied only “prior to the adjudication of the case.” Since the hearing had concluded, this did not apply.
- Amendments to Section 28 of the Customs Act (including the power to issue supplementary notices) introduced after March 29, 2018, did not apply retroactively to this case, as clarified by Explanation-4 to Section 28.
- The Corrigendum was not a mere correction but an attempt to introduce new material after the close of proceedings, which was not permissible.
Final Judgment

The Gujarat High Court ruled in favor of the petitioners:
- The customs department’s Corrigendum dated August 22, 2016, was quashed.
- The department was directed to pass final orders on the original show cause notice, ignoring the Corrigendum.
- The ruling reinforces the principle that new evidence or allegations cannot be introduced after the conclusion of adjudication proceedings unless specifically permitted by law.
Significance

This judgment clarifies the limits of the customs authorities’ powers to amend or supplement show cause notices after the close of hearings. It upholds procedural fairness and ensures that parties are not subjected to new allegations without due process.

The case serves as an important precedent for importers and legal practitioners dealing with customs disputes, emphasizing the need for authorities to adhere strictly to statutory timelines and procedures.

Source: Gujarat High Court

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July 16, 2026
CESTAT Kolkata- No Late Filing Fee for Excess Bulk Cargo Due to Inherent Variations
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 16.07.2026

CESTAT Kolkata- No Late Filing Fee for Excess Bulk Cargo Due to Inherent Variations

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

A recent decision by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata, has provided significant relief to importers dealing with bulk cargo, particularly coal. The case of M/s. Saraogi Udyog Private Limited versus the Commissioner of Customs (Preventive), Bhubaneswar, addressed the contentious issue of late filing fees imposed on supplementary Bills of Entry for excess quantities arising from inherent cargo variations.

Background of the Case

M/s. Saraogi Udyog Private Limited, a regular importer of steam coal through Paradeep Port, encountered a situation where, after clearing the declared quantity of coal, a marginal excess remained in the port stockyard. This excess was attributed to natural and unavoidable factors such as:
- Variations in moisture content
- Differences in draught survey and physical weighment
These are recognized phenomena in the bulk cargo trade and are beyond the control of importers.

To regularize the clearance of this excess, Saraogi Udyog followed the prescribed procedure:
1. Obtained permission from Customs authorities
2. Completed a joint stack survey
3. Filed Supplementary Bills of Entry for the excess quantity
4. Paid the applicable customs duty
However, Customs authorities levied a late filing fee under Section 46(3) of the Customs Act, 1962, calculated from the date of the original Import General Manifest (IGM). The importer paid this fee under protest to avoid further port charges and cargo deterioration.

Legal Arguments and Proceedings

Saraogi Udyog argued that:
- The excess quantity was part of the original consignment, arising solely due to the nature of bulk cargo.
- There was no deliberate delay or mala fide intention in filing the supplementary documents.
- The late fee was unjustified, especially since all duties were paid promptly and transparently.
The Customs authorities, however, maintained that:
- The excess could not be treated as part of the original consignment.
- The importer had not sought provisional assessment or notified Customs about possible variations in time.
- The late fee was mandatory under the law.
Both the Assistant Commissioner and the Commissioner (Appeals) upheld the levy of the late fee, prompting Saraogi Udyog to appeal to CESTAT Kolkata.

CESTAT Kolkata’s Analysis and Decision

The Tribunal examined the facts and legal precedents, notably referencing the recent case of M/s. Kai International Private Limited, which involved similar circumstances. Key findings included:
- The original Bills of Entry were filed on time and assessed without dispute.
- The excess quantity was discovered only after clearance, due to inherent cargo characteristics.
- There was no evidence of fraud, misdeclaration, or intent to evade duty.
- The importer paid all applicable duties on the excess immediately upon assessment.
The Tribunal emphasized that Section 46(3) of the Customs Act allows for waiver of late fees if sufficient cause is shown. The decision cited CBEC Circulars and Standard Operating Procedures, which instruct officers to exercise discretion and not impose penalties mechanically.

Key Excerpts from the Order

“The levy of late filing fee, therefore, appears to have been imposed solely on account of circumstances arising from the peculiar nature of bulk cargo imports, without adequately considering whether the appellant had sufficient cause for not filing the Supplementary Bills of Entry earlier.”

“The ratio laid down in the [Kai International] decision is squarely applicable… as the factual matrix before me is substantially identical… No distinguishing feature, either on facts or in law, which would warrant taking a view different from that already adopted by this Tribunal, has been brought on record by the Revenue.”

Outcome and Implications

The CESTAT set aside the late filing fee and allowed the appeal, granting consequential relief to Saraogi Udyog. This ruling clarifies that:
- Importers of bulk cargo who face unavoidable quantity variations are not automatically liable for late filing fees on supplementary Bills of Entry, provided there is no mala fide intent and all duties are paid.
- Customs officers must exercise discretion and consider the practical realities of bulk cargo trade before imposing penalties.
Conclusion

This decision is a significant precedent for importers of bulk commodities, reinforcing the principle that penalties should not be imposed mechanically and that genuine trade practices and challenges must be recognized. Importers facing similar issues can now cite this ruling to seek relief from unwarranted late filing fees, provided they act transparently and in accordance with prescribed procedures.

Source: CESTAT Kolkata

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July 16, 2026
Madras High Court on Retrospective Application of Amended Customs Exemption
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 15.07.2026

Madras High Court on Retrospective Application of Amended Customs Exemption

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

The Madurai Bench of the Madras High Court delivered a significant judgment in the case of M/s. The Bell Match Company vs. The Commissioner of Customs. This case revolved around the interpretation of customs exemption notifications and their retrospective application, impacting 100% Export Oriented Units (EOUs) across India.

Background of the Case

M/s. The Bell Match Company, a 100% EOU, purchased machinery from another EOU, M/s. Eutrabell India. The company availed itself of customs duty exemption under Notification No. 52/2003, which was later amended by Notification No. 34/2015. The amendment changed the conditions regarding the installation period for capital goods, tying it to the validity of the Letter of Permission (LoP) rather than a fixed period.

However, the Directorate of Revenue Intelligence alleged that The Bell Match Company failed to fulfill the installation conditions, issued a show cause notice, and demanded duty and penalties. The company challenged the order-in-original, arguing that the amended notification should apply retrospectively, thus making them eligible for the exemption.

Legal Issues

The core legal question was whether the amendment to Notification No. 52/2003 (via Notification No. 34/2015) should be applied retrospectively, thereby granting the exemption to The Bell Match Company for machinery installed within the validity of their LoP.

Court’s Analysis

The High Court examined the nature of the amendment, focusing on the use of the term “substituted” in the notification. Citing several Supreme Court and High Court precedents, the bench clarified that when a provision is substituted, it is generally considered retrospective unless expressly stated otherwise. The court emphasized:
- The word “substitute” means to put one thing in place of another, effectively replacing the old rule with the new one.
- Substitution by amendment is not merely prospective; it operates as if the new provision was always in place.
- The amended notification did not take away any substantive rights or impose new penalties but corrected an earlier oversight.
Judgment and Outcome

The court found that the customs authorities had misapplied the law by treating the amendment as prospective. It held that, since the machinery was installed within the validity of the LoP, The Bell Match Company was entitled to the exemption. The High Court:
1. Allowed the writ appeal filed by The Bell Match Company.
2. Set aside the previous order that had denied the exemption and imposed penalties.
3. Quashed the original order-in-original against the company.
The judgment also noted that if the Supreme Court later rules differently on the issue of retrospectivity, the revenue authorities may pursue remedies as per law.

Significance of the Judgment

This decision is a landmark for EOUs and importers relying on exemption notifications. It clarifies that amendments by substitution are generally retrospective, ensuring that businesses are not unfairly penalized for regulatory changes intended to correct earlier ambiguities. The judgment reinforces the principle of liberal interpretation of exemption notifications in favor of assessees.

Conclusion

The Madurai Bench’s ruling in favor of The Bell Match Company sets a precedent for similar disputes, providing clarity on the retrospective application of substituted notifications. It underscores the judiciary’s role in protecting businesses from retrospective liabilities arising from regulatory amendments.

Connected Matter

CESTAT Chennai- No Duty on Destruction of Duty-Free Raw Materials in EOUs Under FTP Framework

Source: Madras High Court

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July 15, 2026
CESTAT Delhi Upholds Validity of Country of Origin Certificates Under India-Thailand FTA
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 15.07.2026

CESTAT Delhi Upholds Validity of Country of Origin Certificates Under India-Thailand FTA

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT), New Delhi, recently delivered a significant judgment in favor of M/s. P.C. Jeweller Limited and its key officials. The case revolved around the import of diamond-studded gold jewellery from Thailand and the validity of Country of Origin (COO) certificates under the India-Thailand Free Trade Agreement (FTA). This article provides a detailed overview of the case, the legal issues involved, and the implications of the Tribunal’s decision.

Background of the Case

Between 2010-11 and 2011-12, P.C. Jeweller Limited imported diamond-studded gold jewellery from Thailand, filing 24 Bills of Entry and claiming preferential customs duty benefits under Notification No. 85/2004-Customs and Notification No. 101/2004-Customs (NT). Each import was accompanied by a COO certificate from Thai authorities, as required under the FTA.

At the time of import, customs authorities cleared the goods without raising any objections regarding the description, quantity, value, or the COO certificates. However, in December 2012, the Directorate of Revenue Intelligence (DRI) initiated an investigation, alleging that the COO certificates reflected inflated local value addition in Thailand, thereby wrongly availing FTA benefits.

Key Allegations and Proceedings
- DRI’s Allegations:
  - The COO certificates did not meet the mandatory regional value content of at least 80% as required for FTA benefits.
  - Value addition was uniformly declared as 22%, regardless of the jewellery’s specifics, suggesting misrepresentation.
  - The investigation relied on statements from third parties and other jewellers, not on direct verification with Thai authorities.
- Show Cause Notice and Adjudication:
  - Based on the DRI’s findings, a show cause notice was issued, demanding duty and proposing penalties against P.C. Jeweller and its officials.
  - The adjudicating authority confirmed the demand and imposed penalties.
Legal Arguments by the Appellants

The appellants argued that:
1. All required documents, including COO certificates, were submitted at the time of import and verified by customs.
2. The DRI’s allegations were based on indirect evidence and not on verification with the issuing authority in Thailand.
3. As per the ‘Interim Rules of Origin’ and related procedures, any doubt about a COO certificate’s authenticity must be resolved by retroactive verification with the issuing authority, which was not done in this case.
4. The Tribunal’s earlier decision in the case of Hazoorilal & Sons Jewellers supported their position.
Tribunal’s Findings and Decision

The CESTAT bench, comprising Hon’ble Mr. Ashok Jindal (Judicial) and Mr. K. Anpazhakan (Technical), made the following key observations:
1. Procedural Lapse by DRI:
  - The DRI did not follow the prescribed mechanism under Rule 14 and Rule 15 of the ‘Interim Rules of Origin’ for verifying COO certificates.
  - Instead of seeking retroactive verification from Thai authorities, the DRI relied on statements from unrelated parties.
2. Importance of Proper Verification:
  - The Tribunal emphasized that doubts about COO certificates must be addressed through official channels, as outlined in the FTA’s operational procedures.
  - Failure to follow these procedures invalidates the basis for denying FTA benefits.
3. Setting Aside the Demand and Penalties:
  - The Tribunal set aside the impugned order, dropped the demand for duty, and nullified all penalties against the appellants.
  - The appeals were allowed with consequential relief.
Implications of the Judgment

This ruling reinforces the importance of adhering to prescribed verification procedures in trade agreement cases. It protects importers from arbitrary denial of benefits based on unverified allegations and upholds the sanctity of international certification processes.

Key Takeaways for Importers
1. Maintain Complete Documentation: Always ensure all required certificates and documents are filed at the time of import.
2. Know Your Rights: If COO certificates are challenged, insist on proper verification with the issuing authority as per the relevant rules.
3. Legal Precedent: This judgment can be cited in similar disputes involving FTAs and COO certificates.
Conclusion

The CESTAT Delhi’s decision in favor of P.C. Jeweller Limited is a landmark in the interpretation of trade agreement procedures and the protection of importers’ rights. It underscores the necessity for authorities to follow due process and provides clarity on the handling of COO certificate disputes under FTAs.

Source: CESTAT Delhi

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July 15, 2026
CESTAT Chennai- No Duty on Destruction of Duty-Free Raw Materials in EOUs Under FTP Framework
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 14.07.2026

CESTAT Chennai- No Duty on Destruction of Duty-Free Raw Materials in EOUs Under FTP Framework

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Chennai recently delivered a significant judgment in favor of Mylan Laboratories Limited, a 100% Export Oriented Unit (EOU), clarifying the legal position on the destruction of duty-free procured raw materials within EOUs.

This article provides a detailed analysis of the case, the legal issues involved, and the broader implications for EOUs operating under the Foreign Trade Policy (FTP) and related exemption notifications.

Background of the Case

Mylan Laboratories Limited, operating under a valid Letter of Permission as an EOU, procured raw materials duty-free under Notification No. 52/2003-Cus and Notification No. 22/2003-CE. During the relevant period (2014–2015), certain raw materials became obsolete or unusable and were destroyed within the factory after due intimation to the customs authorities.

The department raised demands for Customs and Central Excise duties, interest, and penalties, arguing that, prior to 2015 amendments, the notifications did not permit destruction without payment of duty.

Key Legal Issues Examined

1. Duty Liability on Destroyed Raw Materials

The central question was whether EOUs are liable to pay duty on raw materials procured duty-free and subsequently destroyed within the factory under intimation to the department. The Tribunal noted:
- The EOU scheme is a composite statutory framework, with the FTP providing the substantive policy and exemption notifications operationalizing it.
- Para 6.15 of the FTP expressly permits destruction of raw materials within the unit after intimation to customs authorities.
- Judicial precedents (e.g., Indian Tobacco Association, Mehler Engineered Products, Tyco Electronics) support the view that destruction under FTP does not attract duty, provided there is no diversion or misuse.
- The Tribunal distinguished contrary decisions (e.g., Sandoz Pvt. Ltd., Teva API India) as fact-specific and not applicable where procedural compliance is established.
2. Nature of the 2015 Amendments

In 2015, explicit provisions were inserted into the relevant notifications permitting destruction of raw materials within the unit after intimation. The Tribunal held:
- The amendments were clarificatory, aligning the notifications with the FTP, and thus retrospective in effect.
- The absence of an explicit provision in pre-amended notifications did not amount to a prohibition.
3. Sustainability of Duty, Interest, and Penalties

Given the above findings:
- The demands for duty and interest were held unsustainable.
- Penalties were also set aside, as the appellant had acted transparently, with no evidence of intent to evade duty or procedural violations.
Tribunal’s Final Decision

The CESTAT Chennai set aside the impugned orders, allowing all appeals filed by Mylan Laboratories. The Tribunal confirmed that destruction of duty-free raw materials within an EOU, under intimation to authorities and in accordance with the FTP, does not attract Customs or Central Excise duties.

The 2015 amendments were deemed clarificatory and retrospective, and the benefit of exemption cannot be denied by interpreting notifications in isolation from the FTP.

Implications for EOUs and Industry

This ruling provides much-needed clarity for EOUs regarding the disposal of obsolete or unusable raw materials:
1. Policy Alignment: EOUs can rely on the FTP provisions for destruction of materials, provided procedural compliance is ensured.
2. Retrospective Relief: The clarificatory nature of the 2015 amendments means past actions, if compliant with FTP and proper intimation, are protected.
3. Reduced Litigation: The judgment harmonizes policy and notifications, reducing interpretational disputes and potential litigation.
Conclusion

The CESTAT Chennai’s decision in the Mylan Laboratories case is a landmark for EOUs, reinforcing the principle that beneficial schemes must be interpreted holistically and in alignment with policy objectives. EOUs should ensure strict compliance with procedural requirements and maintain transparent records to avail themselves of these benefits.

Connected Matter

Madras High Court on Retrospective Application of Amended Customs Exemption

Source: CESTAT Chennai

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July 14, 2026
Kerala HC on the Primacy of Statute Over Administrative Circulars in Export Obligation and Customs Law
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 14.07.2026

Kerala HC on the Primacy of Statute Over Administrative Circulars in Export Obligation and Customs Law

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

This article examines a significant judgment delivered by the Kerala High Court on October 19, 2020, in the case of Parayil Food Products Pvt. Ltd. vs. Union of India and others. The case revolves around the rejection of a No Objection Certificate (NOC) for export obligations under customs and foreign trade regulations, highlighting crucial aspects of statutory interpretation, administrative circulars, and exporters’ rights.

Background of the Case

Parayil Food Products Pvt. Ltd., an export-oriented company based in Kerala, specializes in exporting frozen foods, seafood, spices, and curry powders to international markets.

The company regularly imports raw materials, processes them at its facility, and exports the finished products as per global orders. To facilitate exports, the company availed advance authorizations from the Joint Director General of Foreign Trade, allowing duty-free import of specific quantities of frozen fish, subject to the condition that a portion would be processed and exported within a stipulated period.

The Dispute

The core issue arose when Parayil Foods, due to an inadvertent omission, failed to mention the details of the advance authorization in certain export invoices and shipping bills. As a result, the company became eligible only for duty drawback (a different export incentive scheme) and received drawback amounts for three shipments. Upon realizing the error, Parayil Foods promptly informed the customs authorities, offered to repay the drawback amounts with interest, and requested the issuance of a No Objection Certificate to allow the shipments to count towards fulfilling their export obligations under the advance authorization scheme.

However, the customs authorities rejected the request, citing a departmental circular (Circular No. 36/2010 dated 23.09.2010) that imposed a three-month deadline for such applications. The company challenged this decision, arguing that the statutory provisions of the Customs Act, 1962, particularly Section 149, should prevail over administrative circulars.

Legal Arguments

Petitioner’s Stand
1. Statutory Supremacy: The petitioner argued that Section 149 of the Customs Act allows for the amendment of shipping bills based on documentary evidence existing at the time of export, without any statutory time limit.
2. Administrative Overreach: The three-month deadline imposed by the circular was not part of the principal Act and could not override statutory provisions.
3. Good Faith and Compliance: The company acted in good faith, promptly disclosed the error, and offered to repay the duty drawback with interest.
Respondent’s Stand
1. Binding Nature of Circulars: The customs authorities contended that the circular was binding and had been accepted by all exporters, invoking the doctrine of estoppel to prevent the petitioner from challenging it after availing its benefits.
2. Administrative Efficiency: The time limit was justified to ensure timely processing and administrative efficiency.
The Court’s Analysis and Judgment

Justice Amit Rawal, presiding over the case, made several key observations:
- Primacy of Statute Over Circulars: The Court held that administrative circulars cannot override or substitute the provisions of the principal Act. Any change to statutory conditions must be made through legislative amendment or ordinance, not by departmental circulars.
- Section 149 of the Customs Act: The section empowers customs officers to authorize amendments to shipping bills based on existing documentary evidence, with no statutory time bar for such amendments after export.
- Quashing of the Impugned Order: The Court found the rejection of the petitioner’s application to be arbitrary and in violation of statutory provisions. The impugned order was quashed, and the respondents were directed to issue the requested No Objection Certificate within one month.
Implications of the Judgment

This judgment reinforces the supremacy of statutory law over administrative instructions in matters of customs and foreign trade. It provides clarity for exporters facing similar issues, ensuring that genuine errors can be rectified if supported by documentary evidence, even if administrative deadlines have lapsed. The decision also underscores the importance of prompt disclosure and compliance by exporters when errors are discovered.

Conclusion

The Kerala High Court’s ruling in favor of Parayil Food Products Pvt. Ltd. sets a precedent for the interpretation of customs law, emphasizing that administrative convenience cannot override statutory rights. Exporters and legal practitioners should take note of this judgment when dealing with export obligations, amendments to shipping documents, and the interplay between statutes and departmental circulars.

This case serves as a reminder of the importance of adhering to statutory provisions and the limited scope of administrative circulars in altering exporters’ legal rights.

Connected Matter

CESTAT Bangalore Upholds Exporters’ Right to Amend Shipping Bills: Secures RoSCTL Benefits After Scheme Code Mismatch

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Source: Kerala High Court

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July 14, 2026
CESTAT Bangalore Upholds Exporters’ Right to Amend Shipping Bills: Secures RoSCTL Benefits After Scheme Code Mismatch
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 13.07.2026

CESTAT Bangalore Upholds Exporters’ Right to Amend Shipping Bills: Secures RoSCTL Benefits After Scheme Code Mismatch

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) Bangalore recently delivered a significant judgment in the case of E-Land Apparel Ltd. vs. Principal Commissioner of Customs, Bengaluru. This case revolved around the amendment of shipping bill scheme codes and the entitlement of exporters to claim benefits under various export incentive schemes. The decision has far-reaching implications for exporters, especially in the textile and apparel sector.

Background of the Case

E-Land Apparel Ltd., a leading manufacturer and exporter of knitted and woven apparel, had exported goods under 211 shipping bills between March 2019 and January 2020. Of these, 67 shipping bills were processed through Bangalore port. Initially, the company declared its intent to claim benefits under the Merchandise Exports from India Scheme (MEIS), as per the prevailing Foreign Trade Policy.

However, with the introduction of the RoSCTL (Rebate of State and Central Taxes and Levies) scheme for the textile sector in March 2019, exporters were required to use a different scheme code (code 60) to claim RoSCTL benefits. E-Land Apparel continued to use the MEIS code due to the lack of clarity and subsequent retrospective withdrawal of MEIS benefits for the apparel sector.

This led to a situation where the company was deprived of both MEIS and RoSCTL benefits, amounting to over Rs. 43.96 lakhs, solely due to a scheme code mismatch.

Legal Arguments

Revenue’s Stand

The Revenue argued that amendments to shipping bills under Section 149 of the Customs Act, 1962, are permissible only if supported by documentary evidence existing at the time of export.

They cited CBIC Circular No. 36/2010, which prescribed a three-month time limit for such amendments. Since E-Land Apparel requested the amendment well beyond this period, the Revenue contended that the request was not maintainable.

Exporter’s Stand

E-Land Apparel, represented by legal counsel, countered that several High Courts had struck down the three-month limitation as unconstitutional and not legally binding. They referenced multiple judicial precedents, including:
- Sony India Pvt. Ltd. vs. Union of India
- Colossustex Pvt. Ltd. vs. Union of India
- Parayil Food Products Pvt. Ltd. vs. Union of India
- Lovy International vs. Commissioner of Customs
- Saurabh Overseas Traders vs. Commissioner of Customs
- Arvind Smart Textiles Ltd. vs. Commissioner of Customs
Furthermore, the company highlighted that the CBIC itself had, in 2025, issued new regulations (Notification No. 21/2025-Customs) properly prescribing time limits via regulations rather than circulars, effectively admitting the earlier method was legally flawed.

Tribunal’s Findings and Decision

The CESTAT bench, after hearing both sides, observed that the issue was already settled by various High Court decisions. The Tribunal noted:
1. The three-month time limit imposed by the 2010 circular was not legally enforceable at the time of the amendment request.
2. The introduction of proper regulations in 2025 further validated the respondent’s position.
3. The Adjudicating Authority had rightly allowed the amendment of the shipping bills, enabling E-Land Apparel to claim RoSCTL benefits.
Accordingly, the Tribunal dismissed the Revenue’s appeal and upheld the amendment, allowing E-Land Apparel to receive the export incentives they were substantively entitled to.

Implications for Exporters

This ruling sets a crucial precedent for exporters facing similar issues due to technical errors or retrospective policy changes. Key takeaways include:
- Exporters can seek amendments to shipping bills even after the previously prescribed three-month period, provided there is substantive entitlement and supporting evidence.
- Time limits for such amendments must be prescribed by regulations, not merely by circulars.
- The judgment reinforces the principle that procedural lapses should not deprive exporters of substantive benefits.
Conclusion

The CESTAT Bangalore’s decision in favor of E-Land Apparel Ltd. is a landmark in export incentive jurisprudence. It underscores the importance of fair administrative processes and provides much-needed relief to exporters affected by retrospective policy changes and technical mismatches. Exporters are encouraged to review their shipping bill declarations and, if necessary, seek amendments in light of this judgment.

Connected Matter

Kerala HC on the Primacy of Statute Over Administrative Circulars in Export Obligation and Customs Law

Source: CESTAT Bangalore

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July 13, 2026
Punjab & Haryana HC Clarifies Limits on Customs Reassessment and Duty Drawback Recovery
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 13.07.2026

Punjab & Haryana HC Clarifies Limits on Customs Reassessment and Duty Drawback Recovery

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

The High Court of Punjab & Haryana’s decision in the case of M/s Jairath International & Anr. vs. Union of India & Ors. is a landmark judgment addressing the legal complexities surrounding customs duty drawback claims, reassessment of exported goods, and the powers of customs authorities in India. This article provides a detailed analysis of the case, its background, legal issues, and the implications for exporters and customs administration.

Background: Duty Drawback and Export Assessment

Duty drawback is a government incentive allowing exporters to claim a rebate on duties paid on imported or excisable materials used in the manufacture of exported goods. Under the Customs Act, 1962 and the Drawback Rules, 1995, exporters must declare the value, description, and quantity of goods at the time of export. Customs officers verify these details and assess the shipping bill, which forms the basis for granting duty drawback.

In this case, Jairath International exported textile goods between 2007 and 2012, claiming duty drawback as per the rules. The Directorate of Revenue Intelligence (DRI) later alleged that the company had overvalued its exports to fraudulently claim higher drawback, leading to an investigation and a show cause notice demanding recovery of the excess drawback.

Key Legal Issues Examined

The High Court considered three main legal questions:
1. Limitation Period for Issuing Show Cause Notices
  - The court reaffirmed that a reasonable period for issuing such notices is five years from the date of export or assessment. Any demand raised beyond this period is not sustainable.
2. Mechanism for Recovery of Excess Drawback
  - The Drawback Rules, 1995, specifically Rule 16, allow recovery of erroneously paid or excess drawback. However, the court found that the rules lack a clear mechanism for declaring already paid drawback as excess and for its recovery, making such demands legally unsustainable.
3. Power to Reassess Value of Already Exported Goods
  - The most significant issue was whether customs authorities can reassess the value of goods after they have been exported and the shipping bill has been assessed. The court held that neither the Customs Act, 1962 nor the Valuation Rules, 2007 empower authorities to reassess the value of goods that have already left the country. Once goods are exported and the shipping bill is assessed, any modification must be pursued through the appellate process, not by reopening the assessment under Rule 16.
Court’s Reasoning and Precedents

The court relied on:
- The definition of “export goods” under Section 2(19) of the Customs Act, which refers only to goods yet to be exported.
- The Supreme Court’s decision in ITC Ltd. vs. Commissioner of Central Excise, which clarified that refund or recovery proceedings are in the nature of execution and cannot be used to reassess or modify the original assessment.
- The absence of statutory provisions allowing reassessment of exported goods under the Drawback Rules or Valuation Rules.
Outcome and Implications

The High Court quashed the customs order demanding recovery of duty drawback from Jairath International, holding that:
- Demands raised beyond five years from export/assessment are invalid.
- There is no legal mechanism under the Drawback Rules, 1995 to recover already paid drawback as excess.
- Customs authorities cannot reassess the value of goods after export; any challenge to the assessment must be made through the appellate process.
Practical Takeaways for Exporters and Customs Authorities
1. Exporters should ensure accurate declarations at the time of export, as post-export reassessment is not permitted except through appeals.
2. Customs authorities must act within the five-year limitation and cannot use execution proceedings to modify past assessments.
3. Legal clarity: The judgment reinforces the importance of following statutory procedures and the limits of departmental powers in reassessment and recovery.
This decision strengthens legal certainty for exporters and sets clear boundaries for customs enforcement actions regarding duty drawback claims.

Connected Matter

CESTAT Chandigarh- Import Duty Demand on Bicycle Parts Dropped After Procedural Lapse Under Section 28

Source: Punjab & Haryana High Court

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July 13, 2026
Classification of Imported Quick Lime: Insights from the CESTAT Hyderabad Order
Aadrikaa Legal Services (ALS) – IDT Tax I Arbitration I Litigation

Date: 11.07.2026

Classification of Imported Quick Lime: Insights from the CESTAT Hyderabad Order

This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Hyderabad recently delivered a significant order in the case of M/s VISA Steel Ltd. regarding the classification of imported Quick Lime. This article provides a detailed overview of the dispute, the legal reasoning, and the implications for importers and customs professionals.

Background of the Dispute

M/s VISA Steel Ltd. imported Quick Lime and classified it under Customs Tariff Heading (CTH) 2522 1000. The customs authorities, however, contended that the product should be classified under CTH 2825 9090, which led to a Show Cause Notice demanding differential duty, interest, and penalty. The initial orders upheld the customs department’s view, prompting the appellant to approach the CESTAT.

Key Legal Issues

The core issue revolved around the correct tariff classification of Quick Lime:
1. Appellant’s Position: Quick Lime should be classified under CTH 2522 1000, which specifically covers quicklime, slaked lime, and hydraulic lime.
2. Department’s Position: The product is more appropriately classified under CTH 2825 9090, which covers other inorganic bases, including calcium oxide and hydroxide.
Tribunal’s Analysis and Findings

The Tribunal referred to previous decisions, including the case of M/s Jindal Stainless Ltd., and analyzed the relevant chapters of the Customs Tariff Act:
- Chapter 25 covers mineral products such as salt, sulphur, earths, stone, lime, and cement.
- Chapter 28 covers inorganic chemicals and compounds, including metal oxides and hydroxides.
The Tribunal emphasized that:
- Heading 2522 1000 specifically lists quicklime, slaked lime, and hydraulic lime.
- Calcium oxide and hydroxide are excluded from 2522 if they are separate chemically defined compounds, in which case they fall under 2825.
- The imported goods in question were found to be quicklime, a mineral product, and not a chemically defined compound.
Application of General Interpretative Rules (GIR)

The Tribunal clarified that:
- There was no mixture or combination of materials to invoke GIR 2 or 3.
- The most specific heading (2522 1000) should be preferred over a more generic one (2825 9090).
- Previous CESTAT and Supreme Court decisions have consistently classified Quick Lime under 2522 1000.
Precedents Cited

The order referenced several key decisions:
- M/s Jindal Stainless Ltd. (CESTAT Visakhapatnam, New Delhi, Kolkata): All held Quick Lime is classifiable under 2522 1000.
- M/s Viraj Profiles Ltd. (CESTAT Mumbai, Supreme Court): Confirmed Quick Lime and Hydraulic Lime are classifiable under 2522, not 2825.
Final Decision and Implications

The CESTAT Hyderabad allowed the appeal, holding that Quick Lime imported by VISA Steel Ltd. is correctly classifiable under CTH 2522 1000. This decision aligns with established legal precedent and provides clarity for importers regarding the classification of Quick Lime.

Key Takeaways for Importers
1. Correct Classification: Quick Lime, as a mineral product, should be classified under 2522 1000 unless it is a separate chemically defined compound.
2. Legal Certainty: The issue is now settled by multiple CESTAT benches and the Supreme Court, reducing the risk of future disputes.
3. Duty Implications: Proper classification can have significant impacts on duty liability and compliance.
This order reinforces the importance of understanding tariff classifications and staying updated with legal developments in customs law.

Source: CESTAT Hyderabad

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July 11, 2026