Chennai (Port Export) vs Ace Designers Ltd on 6 August, 2018
This being so, the respondents cannot then get the rate of Customs duty which
was actualized by Customs Notification No.64/2008-Cus. onlyon 9.5.2008.
5.8 In arriving at this conclusion, we also draw sustenance from the ratio laid
down by the Hon'ble Apex Court in Colgate Palmolive (India) Ltd. Vs CC Patna -
2016 (339) ELT 161 (SC), also been relied upon by the Ld.A.R, where the Apex
Court has inter alia repelled the plea that amending notification was only
clarificatory in nature and that its issue was a formal ministerial act which got
delayed for administrative reasons. The relevant portions of the said judgment
are reproduced as under :