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april 1988

Supreme Court of India · 1988-04-19

OSWAL SPINNING & WEAVING MILLS LTD. vs COLLECTOR OF CUSTOMS & ANR.

Citation / case number
SC 1984/68499
Court
Supreme Court of India
Petitioner
OSWAL SPINNING & WEAVING MILLS LTD.
Respondent
COLLECTOR OF CUSTOMS & ANR.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court addressed an appeal under Section 130 of the Customs Act concerning the confiscation of goods imported by the appellants, which were misclassified as woollen rags instead of acrylic rags. The Court upheld the Tribunal's order for the release of goods upon payment of customs duties and a reduced redemption fine, while also emphasizing the Customs authorities' responsibility to account for the goods until cleared for home consumption as per Sections 45, 47, 125, and 126 of the Act. The Court directed the Tribunal to resolve the issue of missing goods and determine liability for compensation, as factual considerations were necessary for this determination.

OSWAL SPINNING & WEAVING MILLS LTD. vs COLLECTOR OF CUSTOMS & ANR. · Niyam