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february 1990

Supreme Court of India · 1990-02-14

AKBAR BADRUDDIN JIWANI vs THE COLLECTOR OF CUSTOMS

Citation / case number
SC 1989/69820
Court
Supreme Court of India
Petitioner
AKBAR BADRUDDIN JIWANI
Respondent
THE COLLECTOR OF CUSTOMS
Author
B.C. RAY
Bench
B.C. RAY

Judgment text excerpt

The Supreme Court held that the term 'marble' in Tariff Entry No. 25.15 of the Customs Tariff Amendment Act, 1985 must be interpreted in a technical and scientific sense rather than a commercial one, as it is part of a distinct classification of calcareous stones. The Court emphasized that the interpretation should harmonize with the statutory context, ensuring that 'marble' remains distinct from other items listed in the tariff entry. The appeal was allowed, overturning the Collector's order that classified the goods as marble requiring a specific import license.

AKBAR BADRUDDIN JIWANI vs THE COLLECTOR OF CUSTOMS · Niyam