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august 1988

Supreme Court of India · 1988-08-10

COLLECTOR OF CUSTOMS, BOMBAY vs SWASTIC WOOLLEN (p) LTD. & ORS.

Citation / case number
SC 1988/70751
Court
Supreme Court of India
Petitioner
COLLECTOR OF CUSTOMS, BOMBAY
Respondent
SWASTIC WOOLLEN (p) LTD. & ORS.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the determination of whether imported goods qualify as 'wool waste' under the Customs Act, 1962, specifically Sections 111(d), 111(m), 112, and 130E, is fundamentally a question of fact based on trade understanding. The Court emphasized that in the absence of a statutory definition, the interpretation should rely on the consensus of those engaged in the trade of such goods. The Court upheld the Appellate Tribunal's finding that the goods in question were not wool waste, affirming the decision of the lower authority and dismissing the appeal.

COLLECTOR OF CUSTOMS, BOMBAY vs SWASTIC WOOLLEN (p) LTD. & ORS. · Niyam