Goods Imported for Metallised Plastic Films - Retrospective Exemption
GOODS imported by manufacturers of metallised plastic films were allowed to be imported at concessional rates of duty by virtue of Notification No. 25/99 - Customs dated the 28th February, 1999, No. 25/2002 – Customs dated 1st March, 2002 and No. 71/2004 - Customs dated 9th July, 2004.
But the goods have become liable to higher duty by virtue of the judgment of the Supreme Court in Meltex (India) Pvt. Ltd. Vs. Commissioner of Central Excise, New Delhi , ()
So now the Government has exempted under Section 28A of the Customs Act, the short levy subject to the conditions that:
++ the said goods were imported prior to 12th February, 2004;
++ the said goods have been used in or for production of final products on which duty of excise has been paid;
++ no refund of duty of excise paid on the said final products has been availed by the said manufacturer.
The judgement of the Supreme Court was delivered on 12.02.2004 and it took the Government more than seven years to grant this exemption. Better late than never.
Notification No. , Dated: May 26, 2011