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Bombay High Court

LEBEN LABORATORIES PVT LTDversusUNION OF INDIA THR MINISTRY OF FINANCEAND ORS

Decided
Disposal
Disposed Off

Holding

Rule 96(10) is deemed omitted since inception, there was no legal authority to levy interest on the repayment of additional customs duties, and the petitioner is entitled to a refund of the interest paid.

Summary

Leben Laboratories imported raw materials under the Advance Authorization Scheme, claimed exemption from additional customs duties under Section 3(7) of the Customs Tariff Act, 1975, and later paid IGST on exports, seeking refund under Section 16 of the IGST Act. Between October 2018 and November 2020 the company made 25 such transactions and, pursuant to the retrospective explanation to Rule 96(10) of the CGST Rules, repaid the customs duties and paid Rs. 43 lakhs as interest. After the Supreme Court struck down the interest provision, the petitioner demanded a refund of the interest, arguing that neither the Customs Tariff Act nor the CGST Rules authorized such interest. The respondents contended that the refund application was not made to the proper officer and that the earlier Mahindra & Mahindra decision was inapplicable. The Court, relying on Mahindra & Mahindra, A.R. Sulphonates and Goodluck India decisions, held that Rule 96(10) is deemed omitted since inception, leaving no legal basis for levying interest on the repayment of customs duties. Consequently, the writ petition was allowed and the respondents were directed to refund the interest amount to the petitioner.

Issues considered

  • Whether the levy, collection and retention of interest on IGST paid on imports under Section 3(7) read with Section 3(12) of the Customs Tariff Act, 1975, was authorized by law.
  • Whether Rule 96(10) of the CGST Rules is deemed omitted, thereby negating any obligation to repay additional customs duties and the attendant interest.
  • Whether the petitioner is entitled to a refund of the interest paid on the alleged customs duty repayment.

Legislation cited

Subjects

  • Customs duty
  • Interest on customs duty
  • Rule 96(10)
  • IGST refund
  • Article 265
  • Refund of interest
  • Advance Authorization Scheme

Judgment

                                                                              2-wp 15373-25.doc
ARJUN
MACHHINDRA
KADAM                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
Digitally signed by
ARJUN
MACHHINDRA                            WRIT PETITION NO. 15373 OF 2025
KADAM
Date: 2026.09.01
17:28:20 +0530
                      Leben Laboratories Pvt. Ltd.                           … Petitioner
                              Versus
                      Union of India & Ors.                                  ... Respondents

                                          __________________________

                      Mr. Prithwiraj Choudhari a/w. Ms. Kausarjahan Sayed and Mr. Aansh
                      Desai i/b Pythagoras Legal for the Petitioner.

                      Mr. Siddharth Chandrashekar and Mr. Abhishek R. Mishra for
                      Respondent Nos.4 & 5.
                                        __________________________

                                                     CORAM     : M. S. KARNIK AND
                                                                 SANDESH D. PATIL, JJ.
                                                     DATED     : 1st SEPTEMBER, 2026.

                      ORAL JUDGMENT (PER M. S. KARNIK, J.)

                      1.         Heard learned counsel for the petitioner.

                      2.         The petitioner prays for declaration that levy, collection

                      and retention of interest on IGST paid on imports in terms of Section

                      3(7) read with unamended Section 3(12) of the Customs Tariff Act,

                      1975, for the period prior to 16 th August, 2024, is without authority

                      of law and is in violation of Article 265 of the Constitution of India.

                      The petitioner further prays for a direction to the respondents to



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refund the amount of interest paid by the petitioner, as more

particularly described in paragraphs 8(a), (b) and (c) of the petition.

3.         Facts of the case in brief are that the petitioner imported

some raw materials under Advance Authorisation Scheme and

claimed exemption from levy of additional duties of customs leviable

under Section 3(7) of the Customs Tariff Act, 1975 on such imports.

The said imports were used for manufacture of products which were

exported from India. At the time of export, the petitioner opted to

pay IGST on exports and claimed refund of such IGST amount under

Section 16 of the IGST Act.

4.         During the period starting from 4th October, 2018 to 27th

November, 2020, the petitioner effected 25 such imports by claiming

additional duties of customs exemption followed by exports with

refund of IGST paid on such exports. As per explanation to Rule

96(10) introduced retrospectively w.e.f. 23 rd October, 2017, since the

petitioner claimed benefit both on the import side (exemption) as

well as on the export side (refund), the petitioner was required to

pay back any one of the benefits. The petitioner chose to pay back

the additional duties of customs on the import side on account of

Rule 96(10) of the CGST Rules by recalling and getting the bills of

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entries reassessed with the recomputed duty.

5.               While paying back the additional duties of customs, the

petitioner also paid interest to the tune of Rs.43 lakhs on such

amounts to the respective customs authorities. Subsequently, once

the levy of interest on additional duties of customs under the

Customs Tariff Act, 1975 was struck down by this Court, the

petitioner submitted letters to the customs authorities asking for

return of the interest amount paid by the petitioner.

6.               Learned counsel for the petitioner submitted that this

Court in Mahindra & Mahindra Ltd. Vs. Union of India 1 and A. R.

Sulphonates Pvt. Ltd. Vs. Union of India 2 has held that there were no

provisions under the Customs Tariff Act, 1975 during the relevant

period which empowered the Customs Authorities to levy and collect

interest on belated payment of additional duties of customs.

7.               The respondents have filed Affidavit-in-Reply.         The

Affidavit-in-Reply is taken on record. We have perused the Affidavit-

in-Reply where a stand has been taken that for the reasons

mentioned, the petition is not entitled for refund.

8.               Learned counsel for the respondents opposed the

1    (2023) 3 Centax 261 (Bom.)
2    2025 (393) E.L.T. 246 (Bom.)

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petition. It is submitted that the application for refund has not been

made to the proper officer.        It is further submitted that even on

merits, the decision in Mahindra & Mahindra Ltd. Vs. Union of India

(supra) may not apply to the facts of the present case.             It is

submitted that in such circumstances, there is no question of

processing the refund application or grant of refund or interest.

9.               We have heard learned counsel for the parties.     This

Court in Mahindra & Mahindra Ltd. Vs. Union of India (supra) and

A. R. Sulphonates Pvt. Ltd. Vs. Union of India (supra) held that there

were no provisions under the Customs Tariff Act, 1975 during the

relevant period which empowered the Customs Authorities to levy

and collect interest on belated payment of additional duties of

customs. Further, it is profitable to rely upon the decision of recent

origin of the Hon’ble Supreme Court in Goodluck India Ltd. Vs.

Union of India3 which holds that Rule 96(10) is deemed to be

omitted since inception.

10.              In our view, since Rule 96(10) is deemed to have been

omitted since inception, there was no legal requirement or obligation

on the petitioner to have made the repayment of the additional

3    (2026) 45 Centax 171 (S.C.)

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duties of customs in March/April, 2022. Therefore, following the

view taken in the aforesaid decisions, we have no hesitation in

holding that there was no legal requirement or obligation to make

such payment. The question therefore of levying interest on such

repayment does not arise.

11.        In such view of the matter, the writ petition deserves to

be allowed and is accordingly allowed.

12.        Respondent Nos.2, 4 and 6 or the proper authorities are

directed to process the application made by the petitioner for refund

of the amount of interest, as more particularly described in tables

(a), (b) and (c) of paragraph No.8 of the petition and accordingly

refund the amount of interest expeditiously.

13.        No order as to costs.



  (SANDESH D. PATIL, J.)                        (M. S. KARNIK, J.)




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