WYETH LABORATORIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are seeking to set aside the order of the Collector of Customs (Appeals), Bombay dated 21st August, 1987 (Exhibit F) and calling upon the respondents to refund forthwith the amount alleged to be illegally collected and recovered from the petitioners by way of alleged countervailing duty. THE FACTS

(2.) THE facts, in brief, are as under: m/s. Wyeth Laboratories Limited is the company, having its factory at Ghatkopar, Mumbai manufacturing Pharmaceutical Products (Patent and Proprietary Medicines) falling under Chapter 30 of the Central Excise Tariff Act, 1985. For the manufacture of said patent and proprietary medicines, the petitioners were required to import, from time to time, different kinds of bulk drugs. In the present case, the petitioners had imported from Netherlands various quantities of Norgesterel U. S. P. ("the said goods", for short) during March 1986 for manufacture of patent and proprietary medicines in India.

(3.) UPON arrival of the said goods in India, from time to time, during that period, the petitioners were required to pay the customs duty and also countervailing duty to the extent of 15% on the landed cost of the said goods. The total amount of the countervailing duty paid by the petitioners in respect of various consignments was in the sum of Rs. 2,25,288. 80