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april 1961

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.

A. V. VENKATESWARAN, COLLECTOR OF CUSTOMS, BOMBAY vs RAMCHAND SOBHRAJ WADHWANI AND ANOTHER · Niyam