New Delhi: In a big relief to the traders, the Supreme court on Wednesday ruled that the Centre's decision to increase import duty on goods from Pakistan by 200 per cent in the aftermath of Pulwama attack, cannot have a retrospective effect.
Forty CRPF men were killed in a terror attack in Pulwama in Jammu and Kashmir on February 14 last year. Two days after the attack, the Centre issued a notification under Section 8A of the Customs Tariff Act 1975, which subjected all goods originating from Pakistan to 200 per cent enhanced customs duty.
This was done by issuing a notification under Section 8A of the Customs Tariff Act, 1975.
The move led to huge financial distress to the traders as they were asked to pay the increased amount even when they had presented bills of entry before the notification was issued.
They had moved to the Punjab and Haryana High court for relief which allowed their pleas and ruled that they cannot be charged with the increased amount when they had presented bills before and had directed the Centre to release the ir goods within 7 days. This was challenged by the Centre in the Supreme court wherein the bench led by Justice DY Chandrachud heard the matter and dismissed it.
"The object and purpose is not to penalise Indian importers who had completed their imports, presented bills of entry for home consumption and had completed self-assessment in terms of the provisions of the Customs Act, prior to the issuance of the notification," said the bench comprising Justices D.Y. Chandrachud, Indu Malhotra and K.M. Joseph.
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