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2026 DAILYLAW 31030 (CAL)

COMMISSIONER OF CUSTOMS (PORT), KOLKATA v. M/S.RUKHMANI ELECTRODE PVT.LTD

CUSTA/28/2026 · 2026-07-23

Rajarshi Bharadwaj, Uday Kumar

body2026

Judgment text

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1 OD – 9 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Customs] ORIGINAL SIDE CUSTA/28/2026 IA NO: GA/1/2026 COMMISSIONER OF CUSTOMS (PORT), KOLKATA VS M/S.RUKHMANI ELECTRODE PVT.LTD BEFORE : THE HON'BLE JUSTICE RAJARSHI BHARADWAJ And THE HON’BLE JUSTICE UDAY KUMAR Date : 23rd July, 2026 Appearance : Mr. Kaushik Dey, Adv. Ms. Sretapa Sinha, Adv. ..for appellant. The Court : Heard learned counsel appearing for the appellant. Learned counsel for the appellant submits that the duty including interest in this case is Rs.15,46,776/- which is below the limit as prescribed in the Central Board of Indirect Taxes & Customs’ instruction under F. No.390/Misc./30/2023-JC dated 02.11.2023 but the case falls within the exceptional category under para 2 as per Central Board of Indirect Taxes & Customs’ instruction dated 02.11.2023. We have perused the application. We do not find any reason to entertain this appeal where the appellant has not clearly suggested which exceptional clause as read in para 2 as per Central Board of Indirect Taxes & Customs’ instruction dated 02.11.2023 is applicable in the present appeal. As such, this appeal and the connected application 2 being GA/1/2026 are dismissed as the monetary effect in this matter is below Rs. 1 crore. (RAJARSHI BHARADWAJ, J.) (UDAY KUMAR, J.) sd/