Supreme Court of India

M/s. Priya Blue Industries Ltd. v. Commissioner of Customs (preventive)

Neutral citation
Reported as [2004] SUPP. 4 S.C.R. 501
Bench S.N. V Aria Va and H.K. Sema JJ.
Decided 17 September 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

From the headnote

Customs Act, 1962-Section 27-Duty-Claim for refund-Without challenging the Assessment order-Maintainability of the claim-Held: Not maintainable unless the Assessment order is reviewed or modified in appeal-Officer considering refund claim cannot review an Assessment Order. Appellant-Company had paid duty on imported ship under protest. Its claim for refund of the duty was rejected. Its appeal against the rejection ofrefund was also rejected. Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) dismissed the appeal holding that refund claim was not maintainable as no appeal was filed

Where later benches applied it

Of those, 1 referred to

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