VidhiSangh

Supreme Court of India · 23/07/2024

M/S NAVAYUGA ENGINEERING CO. LTD. versus UNION OF INDIA & ANR.

[2024] 7 S.C.R. 1183 · 2024 INSC 547

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Summary

Customs duty remains payable when goods are redeemed in lieu of confiscation. The Court distinguished the duty obligation arising under Section 125(2) from its assessment under Section 28, and held that interest under Section 28AB follows that assessment. It upheld the High Court’s decision requiring calculation and recovery of interest.

Issues

  1. Whether redemption of goods in lieu of confiscation entails payment of customs duty in addition to fine.
  2. Whether duty arising under Section 125(2) is assessed under Section 28 and attracts interest under Section 28AB.
  3. Whether Jagdish Cancer excludes assessment under Section 28 when duty liability arises from redemption.

Provisions considered

Held

Result

High Court decision upheld; civil appeal disposed of without costs. The High Court’s remand to the Settlement Commission to calculate and recover interest under Section 28AB stands.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1183.