Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1961

Supreme Court of India · 1961-04-12

THE COLLECTOR OF CUSTOMS, BARODA vs DIGVIJAYSINHJI SPINNING & WEAVING MILLS LTD

Citation / case number
SC 1960/42
Court
Supreme Court of India
Petitioner
THE COLLECTOR OF CUSTOMS, BARODA
Respondent
DIGVIJAYSINHJI SPINNING & WEAVING MILLS LTD
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the Central Board of Revenue, as the 'Chief Customs Authority', cannot be classified as an 'officer of Customs' under Section 193 of the Sea Customs Act, 1878. Consequently, the penalty imposed by the Central Board of Revenue cannot be enforced by the Collector of Customs, as it does not constitute an order within the meaning of Section 193. The High Court's ruling that the Collector could not realize the penalty was upheld, affirming the jurisdictional limits of the Collector in relation to penalties imposed by the Board.

THE COLLECTOR OF CUSTOMS, BARODA vs DIGVIJAYSINHJI SPINNING & WEAVING MILLS LTD · Niyam