The writ petition was directed against the order of the Assistant Collector, Customs rejecting a refund application filed by the respondent.
This appeal is preferred against the judgment of the Bombay High Court allowing the writ petition filed by the respondent.
The respondent, it is number in dispute, opened the letters of credit only on November 20, 1980, i.e., after the issuance of the numberification dated October 16, 1980.
This numberification dated March 15, 1979 stated that it shall remain in operation till March 31, 1981.
On October 16, 1980, however, the said numberification was modified by another numberification limiting the exemption to the duty in excess of forty percent ad valorem.
The Central Government had, however, issued an exemption numberification providing that P.V.C. resin falling under Chapter 39 when imported into India shall be exempt from the whole of the duty of customs leviable thereupon.
39.01/96 of the First Schedule to the Customs Tariff Act, 1975.
Leave granted.
The respondent had imported P.V.C. resin which is liable to payment of duty under tariff item No.
