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2019 DIGILAW 1343 (SC)

Hero Motocorp Limited (formerly Known As Hero Honda Motors Limited) v. Commissioner Of Customs And Central Excise, Dehradun

2019-04-30

NAVIN SINHA, SANJAY KISHAN KAUL

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ORDER 1. All the appeals pertain to the liability of the assessee to pay National Calamity Contingent Duty (for short 'NCCD'). This issue was pending consideration before this Court when these appeals were filed and subsequently the legal position stands settled by the decision of this Court in Civil Appeal No .3239 of 2019 titled as Bajaj Auto Limited Vs. Union of India decided on 27.03.2019 opining that the NCCD is in the nature of excise duty and is, thus, entitled to the benefit of the exemption notification. 2. Learned counsel for the respondent-Department did seek to contend that the appellant has given up this plea before the High Court but on reading of the order we cannot come to such a conclusion as all that has been stated is that at the relevant stage of time view of the High Court was against the assessee which has been specifically reversed in Bajaj Auto Limited case (supra). 3. In view of the aforesaid, all the appeals are liable to be allowed in terms of the Judgment in Bajaj Auto Limited's case (supra). We order accordingly. 4. As per the interim order dated 19.03.2018 interim stay had been granted in respect of the penalty amount but the other amounts had to be deposited and are stated to have been so deposited. 5. That being the position, the amount paid to the Department would be refunded back within a maximum period of two months from the receipt of copy of this order. 6. The appeals are accordingly allowed.