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.