Supreme Court · 2004 INSC 120 · Decided 17 February 2004
Commissioner of Customs, Calcutta ETC. ETC. v. M/S. Indian Oil Corporation LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 120 · [2004] 2 S.C.R. 511
- Case number
- CIVIL APPEAL No. 2342/2001
- Decided
- 17 February 2004
- Bench
- RUMA PAL, P. VENKATARAMA REDDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 141; Income Tax Act Section 37, 378, 119, 37B; Customs Act Section 151A; Central Excise Act Section 37, 378, 37B
Headnote
Customs J!.ct, 1962-Sections 46 and 151-A/Circular dated 14.8.1991 issued by the Central Board of Excise & Customs: Import of petroleum products and Crude Oil by the assessee-Clearance of goods upon payment. of customs duty thereto-Show cause notice on grounds of misdeclaring value of the charges-Revenue confirming extra duty after adding demurrage charges in the value of the goods-Appeals rejected by the Appellate Authority-- B c On appeal, Tribunal held that in view of the Circular issued by the CBEC D demurrage charges not includible in the customs value of the imported
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