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december 1990

Supreme Court of India · 1990-12-20

TOSHIBA ANAND BATTERIES LTD. ANAND HOUSE,COCHIN vs COLLECTOR OF CUSTOMS, COCHIN

Citation / case number
SC 1988/70678
Court
Supreme Court of India
Petitioner
TOSHIBA ANAND BATTERIES LTD. ANAND HOUSE,COCHIN
Respondent
COLLECTOR OF CUSTOMS, COCHIN
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that under the Customs Tariff Act, 1975, the classification of imported electrolytic manganese dioxide must be under heading 28.01/58, as it is not in its crude form but purified by electrolysis. The Court clarified that Note 1 to Chapter 25 excludes goods that undergo chemical processes, such as electrolysis, from being classified under heading 25.01/32. Consequently, the appeals were dismissed, affirming the Tribunal's decision that the imported goods are subject to countervailing duty under Item 68 of the Central Excise Tariff.

TOSHIBA ANAND BATTERIES LTD. ANAND HOUSE,COCHIN vs COLLECTOR OF CUSTOMS, COCHIN · Niyam