Union of India vs. M/s Engee Industrial Services Co. Ltd & Anr
Assessee imported ship for the purpose of breaking and challenged the levy of additional duty of customs (equal to excise duty) on the ground that the activity of ship breaking is exempt from duty of excise. Division bench of the High Court allowed the exemption and against which the department preferred appeal before the Supreme court.
Hon’ble Supreme Court agreeing with the view of the High Court and relying on the decision of the Supreme Court in the case of Hyderabad Industries Limited v. Union of India held that where no excise duty is payable and the product manufactured in India is exempted from excise duty, import of such goods would not attract the levy of additional duty of customs.
Posted on: 09-06-2016