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SC asks HC to decide SEZ custom duty issue.


Date: 08-04-2009
Subject: SC asks HC to decide SEZ custom duty issue
BS reported that Indian Supreme Court has asked the Gujarat High Court to decide on the government’s plea that goods sent from a unit in a domestic tariff area to one in a special economic zone should attract customs duty.

Earlier ministry of commerce had moved the apex court against the Essar group with its position being that iron ore pellets and calibrated iron ore supplied by an Essar unit to the Essar SEZ, Hazira were goods exported from India for the purpose of such levy.

The petition filed by the ministry had challenged the Gujarat High Court’s interim order that allowed Essar Steel to continue its arrangement without paying Customs duty on goods supplied from its domestic tariff area unit at Vizag to the Hazira SEZ unit.

An apex court bench headed by Justice S H Kapadia observed that it was not inclined to intervene in the high court’s interim order. However, it directed the high court to decide the issue on April 21. Besides, it said that the views expressed by the High Court on this should stand deleted.

The high court had said that Essar was not liable to pay customs duty in the absence of any specific provisions under the SEZ Act 2005.


Source : Business Standards


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