Case Law
43,228 judgments · newest first · showing 25
The Commissioner of Customs, Mangaluru-vs-M/s. Gajanan Worldtrade India Pvt. Ltd.-2026-juristway.com-3319-CESTAT(Bangalore)-Customs
Alt+← → switch · Alt+W close · right-click for options
2026-juristway.com-3319-CESTAT(Bangalore)-CustomsCommissioner of Customs v M/s. Gajanan Worldtrade India Pvt. Ltd.
✓ Good LawAllowed1 Judge Bench
TreatmentNot yet cited by a later judgment
2026-juristway.com-3319-CESTAT(Bangalore)-Customs

The Commissioner of Customs, Mangaluru

versus

M/s. Gajanan Worldtrade India Pvt. Ltd.

Court - Bench
Customs, Excise and Service Tax Appellate Tribunal - Bangalore
Date of Judgment
06 November 2026
Judges
Hon'ble Member (Technical), Mrs. R. Bhagya Devi
Case Number
Customs Appeal No. 21762 of 2018
Advocate (Petitioner)
Shri Vikalp Jain - Superintendent (Ar)
Advocate (Respondent)
Shri Avinash Shanbhogue - Advocate
Quick ref
Takeaway

Imports of 2016 | SAD refund of Rs. 19,11,229 denied as time-barred | Department's appeal allowed SAD Refund — One-Year Limit Binds Post-2008 Imports For imports after 01.08.2008, a refund of 4% special additional duty under Notification No. 102/2007-Cus. must be filed within one year from the date of payment of that duty. Sony India, which read down the limit, governs only pre-amendment imports and does not rescue later claims.

Digest & Analysis
Litigation Digest

In Commissioner of Customs, Mangaluru v. Gajanan Worldtrade India Pvt. Ltd., 2026-juristway.com-3319-CESTAT(Bangalore)-Customs, where an importer of almonds in shell paid SAD in October and November 2016 but claimed its refund of Rs. 19,11,229 only on 01.01.2018, the Hon'ble Customs, Excise and Service Tax Appellate Tribunal, Bangalore held that the claim was time-barred under paragraph 2(c) of Notification No. 102/2007-Cus., as amended by Notification No. 93/2008-Cus. (paras 6, 8). The Hon'ble Tribunal held that the Hon'ble Delhi High Court in Sony India answered only whether the limit applied retrospectively to imports before 01.08.2008 (paras 7–7.2). It followed the Hon'ble Bombay High Court in CMS Info Systems and the coordinate Bench rulings in Honda Siel Power Products and Ingram Micro, which hold that every condition of the exemption, including the time limit, must be met (paras 8–9). The order of the Commissioner (Appeals) was set aside and the Revenue's appeal allowed.

✎ Editor's Note

Practice point: Importers holding legacy SAD refunds must compute the one-year limit from the date of SAD payment, not from the date of the last domestic sale. The argument that limitation runs from crystallisation of the right on sale was rejected.

Risk: The Hon'ble Delhi High Court in Gulati Sales Corporation applied Sony India even to post-amendment imports, as noted in the Honda Siel ruling extracted (para 9). Taxpayers within Delhi jurisdiction may still argue otherwise; the conflict between High Courts remains, though the Hon'ble Tribunal treated Dilip Kumar's strict-interpretation rule as tipping the balance.

Disclaimer: This content reflects the editor's personal views and should not be treated as a legal opinion or professional advice.

Full Text
Judgment & Order
14px