Supreme Court · 2001 INSC 436 · Decided 11 September 2001

Commissioner of Customs (Sea), Chennai v. M/S. Ballarpur Industries LTD.

Court
Supreme Court of India
Citation
2001 INSC 436 · [2001] SUPP. 3 S.C.R. 24
Case number
CIVIL APPEAL No. 3942/2001
Decided
11 September 2001
Bench
B.N. KIRPAL, K.G. BALAKRISHNAN, P. VENKATARAMA REDDI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Customs Act Section 1290

Headnote

Customs Ac:, 1962 : C Ss. 28 and 129D(2)-Power of Commissioner o,fCustoms to direct filing of appeal before Commissioner (Appeals)-lmport o.f certain goods-Assessee claiming them as accessories and as such covered under an exemption not(fication-Revenue treating the goods as spare parts and under protest and later filing application.for refund- D Assistant Collector allowing refund with regard to one set o.f goods holding them as accessories-Claim o.f refund rejected with regard to other set o.f goods as the same were held to be spares-On appeal, Commissioner (Appeals) held the

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