M/S. GUJARAT MINERAL DEV. CORP. LTD. vs COMNR.OF CENTL.EXCISE & CUSTOMS(APPEALS) — C.A. No. 4225/2000
Case under Section I-B. Status: Disposed.
CNR: SCIN010092372000
Filing Date
08-Jun-2000
Registration No
C.A. No. 4225/2000
Diary Number
9237/2000
Order Date
10-Nov-2005
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 04-Jun-2026
Acts & Sections
Petitioner(s)
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1.M/S. GUJARAT MINERAL DEV. CORP. LTD.
Adv. HEMANTIKA WAHI
Respondent(s)
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1.COMNR.OF CENTL.EXCISE & CUSTOMS(APPEALS)
Adv. P. PARMESWARAN
Case History
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Case disposedDisposed
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10-Nov-2005
ROP - of Main CaseView PDF
-
08-Jun-2000
Case filed
Registration No. C.A. No. 4225/2000
Case Summary: Gujarat Mineral Development Corporation Ltd. v. Commissioner of Central Excise & Customs (Appeals) Outcome: The Supreme Court allowed Gujarat Mineral Development Corporation's appeal on November 10, 2005. The Court set aside the Customs Appellate Tribunal's order rejecting the refund claim of Rs. 1,71,78,129.21 in customs duty paid on design and engineering charges for imported lignite mining machinery. Key Issue & Direction: The dispute concerned whether customs duty applied to design and engineering charges included in machinery imports from East Germany. The Tribunal had not addressed whether post-importation activities (erection, commissioning, supervision in India) should be excluded from duty liability. The Court remitted the matter to the Tribunal for fresh reconsideration with permission to take additional evidence, urging expeditious disposal given the amount had been held for 18 years. No costs were awarded. This case analysis is maintained by casestatus.in based on publicly available court records.
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