Supreme Court of India · 1961-04-04
A. V. VENKATESWARAN, COLLECTOR OF CUSTOMS, BOMBAY vs RAMCHAND SOBHRAJ WADHWANI AND ANOTHER
- Citation / case number
- SC 1956/108
- Court
- Supreme Court of India
- Petitioner
- A. V. VENKATESWARAN, COLLECTOR OF CUSTOMS, BOMBAY
- Respondent
- RAMCHAND SOBHRAJ WADHWANI AND ANOTHER
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that the imported fountain pens with gold-plated nibs and caps were liable to a duty of only 30% under item 45(3) of the Indian Tariff Act, 1934, rather than the higher rate of 781% under item 61(8). The Court ruled that the High Court erred in exercising discretion to grant relief despite the respondent's failure to exhaust statutory remedies, as the remedy had become time-barred. The judgment established that the interpretation of tariff items must align with their plain meaning, and the levy of duty under entry 61(8) was manifestly erroneous.