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january 1989

Supreme Court of India · 1989-01-19

AUTO TRACTORS LIMITED, PRATAPGARH vs COLLECTOR OF CUSTOMS (APPEAL), BOMBAY

Citation / case number
SC 1988/70744
Court
Supreme Court of India
Petitioner
AUTO TRACTORS LIMITED, PRATAPGARH
Respondent
COLLECTOR OF CUSTOMS (APPEAL), BOMBAY
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that the appellant-company is entitled to the concessional rate of customs duty under Notification No. 200/79 dated 28.9.1979, which exempts components for manufacturing tractors from customs duty exceeding 25% ad valorem. The Court clarified that the requirement for producing evidence of an approved manufacturing programme at the time of clearance is satisfied by the original certificates from the Directorate General of Technical Development (DGTD) presented by the appellant. The rejection of the refund claim by the Assistant Collector of Customs was overturned, affirming the appellant's entitlement to the larger concession under Notification No. 200/79.

AUTO TRACTORS LIMITED, PRATAPGARH vs COLLECTOR OF CUSTOMS (APPEAL), BOMBAY · Niyam