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october 1990

Supreme Court of India · 1990-10-09

MILAK BROTHERS vs UNION OF INDIA AND ORS.

Citation / case number
SC 1979/62623
Court
Supreme Court of India
Petitioner
MILAK BROTHERS
Respondent
UNION OF INDIA AND ORS.
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that the term 'groundnut kernel' in the tariff entry under Item 13 of the Second Schedule to the Indian Tariff Act, 1934, and Item 20 of the Customs Tariff Act, 1975, encompasses all forms of groundnut, including processed varieties. The Court rejected the appellants' argument for a restrictive interpretation based on the product's ability to germinate or yield oil, affirming that processing does not alter the fundamental nature of the product. The appeals were dismissed, confirming the broad applicability of the tariff entry to all groundnut products.

MILAK BROTHERS vs UNION OF INDIA AND ORS. · Niyam