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january 1979

Supreme Court of India · 1979-01-25

PRAKASH COTTON MILLS (P) LTD. vs B. SEN & ORS.

Citation / case number
SC 1969/60173
Court
Supreme Court of India
Petitioner
PRAKASH COTTON MILLS (P) LTD.
Respondent
B. SEN & ORS.
Author
P.N. SHINGAL
Bench
P.N. SHINGAL

Judgment text excerpt

The Supreme Court held that under Section 15(1)(b) of the Customs Act, 1962, the rate of duty applicable to imported goods should be determined based on the law in force on the date the goods are actually removed from the warehouse. The court dismissed the appellant's claim for rebate on customs duty, affirming that the customs authorities correctly applied the enhanced rates following the devaluation of currency, as the goods were cleared after the Ordinance came into effect. The ruling clarified the interpretation of the amended provisions of the Customs Act regarding the timing of duty assessment.

PRAKASH COTTON MILLS (P) LTD. vs B. SEN & ORS. · Niyam