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may 1989

Supreme Court of India · 1989-05-17

BHARAT SURFACTANTS (PVT) LTD & ANR. vs UNION OF INDIA & ANR.

Citation / case number
SC 1981/63782
Court
Supreme Court of India
Petitioner
BHARAT SURFACTANTS (PVT) LTD & ANR.
Respondent
UNION OF INDIA & ANR.
Bench
PATHAK, R.S. (CJ),MUKHARJI, SABYASACHI ,NATRAJAN, S. ,VENKATACHALLIAH, M.N. ,RANGNATHAN, S.

Judgment text excerpt

The Supreme Court held that under Section 15(1) of the Customs Act, 1962, the rate of duty and tariff valuation is determined based on the date of presentation of the Bill of Entry as per Section 46. The Court clarified that if the Bill of Entry is presented before the entry inwards of the vessel, it is deemed to have been presented on the date of such entry. In this case, the date of inward entry was recorded as 31st July 1981, thus the applicable duty rate was upheld at 150%. The petitioners' claim for a lower rate based on earlier dates was rejected.

BHARAT SURFACTANTS (PVT) LTD & ANR. vs UNION OF INDIA & ANR. · Niyam