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february 1988

Supreme Court of India · 1988-02-24

SPACO CARBURETTORS (INDIA) LTD. vs COLLECTOR OF CUSTOMS, BOMBAY

Citation / case number
SC 1987/70951
Court
Supreme Court of India
Petitioner
SPACO CARBURETTORS (INDIA) LTD.
Respondent
COLLECTOR OF CUSTOMS, BOMBAY
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court held that the imported 'special purpose complex machine' should be classified under Entry 84.45/48 of the Customs Tariff Act, 1975, rather than Entry 84.59, as it qualifies as a machine tool working on metal. The Court emphasized that Entry 84.59 is a residuary entry and should not apply if a more specific entry is applicable. The Tribunal's decision was reversed, restoring the Collector's order that classified the machine correctly under the appropriate tariff heading.

SPACO CARBURETTORS (INDIA) LTD. vs COLLECTOR OF CUSTOMS, BOMBAY · Niyam