Supreme Court · 2008 INSC 317 · Decided 5 March 2008

M/S. Lohia Sheet Products v. Commissioner of Customs, New Delhi

Court
Supreme Court of India
Citation
2008 INSC 317 · [2008] 3 S.C.R. 948
Case number
CIVIL APPEAL No. 2411/2002
Decided
5 March 2008
Bench
ASHOK BHAN, J.M. PANCHAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

t ' Customs Tariff Act, 1975 - s.3 - Levy of additional duty equal to excise duty-Assessee importing copper/brass waste c and scrap - Benefit of exemption from duty under the Notification/Tariff Heading - Entitlement of - Assessing Authorities as well as tribunal holding that only copper/brass in the factory of production entitled to the benefit - Held: Not sustainable - Assessee satisfied all D the conditions of Entry 7 4. 04 as they had used copper/brass waste and scrap within the factory of production for manufacture .... f - Entry nowhere uses word 'generated' or 'imported' -

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