Niyam v2 is live — start for just ₹100 — 200 credits to try

september 1989

Supreme Court of India · 1989-09-25

COLLECTOR OF CUSTOMS, BOMBAY vs K. MOHAN & CO. EXPORTS

Citation / case number
SC 1988/70727
Court
Supreme Court of India
Petitioner
COLLECTOR OF CUSTOMS, BOMBAY
Respondent
K. MOHAN & CO. EXPORTS
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that 'metallised polyester films' imported by the Respondent firm are distinct plastic articles and do not fall under the categories exempted by the notification No. 228/76 issued under Section 25(1) of the Customs Act, 1962. The Court affirmed the Tribunal's decision to grant a refund of additional customs duty, emphasizing that films are recognized as a separate category in commerce. The appeals by the Collector of Customs were dismissed, confirming that the goods in question cannot be classified as 'sheets' or 'foils'.

COLLECTOR OF CUSTOMS, BOMBAY vs K. MOHAN & CO. EXPORTS · Niyam