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april 1976

Supreme Court of India · 1976-04-30

SIEMENS ENGINEERING & MANUFACTURING CO. OF INDIA LIMITED vs UNION OF INDIA & ANR.

Citation / case number
SC 1968/60264
Court
Supreme Court of India
Petitioner
SIEMENS ENGINEERING & MANUFACTURING CO. OF INDIA LIMITED
Respondent
UNION OF INDIA & ANR.
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court held that under item 72(3) of the Indian Customs Tariff, pot motors are specifically assessable as component parts of machinery, contrary to the claim that they fall under the general item 73(21) for electric motors. The Court ruled that the original assessment by the Assistant Collector was correct, as pot motors are essential for rayon spinning machines and cannot be used for other purposes. The subsequent demand for differential duty was deemed unjustified, affirming the appellants' position.

SIEMENS ENGINEERING & MANUFACTURING CO. OF INDIA LIMITED vs UNION OF INDIA & ANR. · Niyam