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august 1972

Supreme Court of India · 1972-08-24

MINERALS & METALS TRADING CORPORATION OFINDIA LTD. vs UNION OF INDIA & OTHERS

Citation / case number
SC 1967/21
Court
Supreme Court of India
Petitioner
MINERALS & METALS TRADING CORPORATION OFINDIA LTD.
Respondent
UNION OF INDIA & OTHERS
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that wolfram concentrate with a minimum of 65% WO3 is considered 'ore' under item 26 of the Import Tariff, rejecting the Customs authorities' classification of it as a manufactured product. The Court emphasized that the interpretation of taxing statutes should align with commercial understanding rather than scientific definitions. Consequently, the appellant's claim for a refund of the duty levied was upheld, affirming that the concentrate is indeed importable as 'ore'.

MINERALS & METALS TRADING CORPORATION OFINDIA LTD. vs UNION OF INDIA & OTHERS · Niyam