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august 1991

Supreme Court of India · 1991-08-13

ALL INDIA GLASS MANUFACTURERS' FEDERATION,NEW DELHI vs COLLECTOR OF CUSTOMS, BOMBAY

Citation / case number
SC 1990/77062
Court
Supreme Court of India
Petitioner
ALL INDIA GLASS MANUFACTURERS' FEDERATION,NEW DELHI
Respondent
COLLECTOR OF CUSTOMS, BOMBAY
Bench
FATHIMA BEEVI, M. (J)

Judgment text excerpt

The Supreme Court held that under Section 22 of the Customs Act, 1962, a refund of customs duty cannot be claimed solely based on the subsequent discovery of inferior quality goods after clearance. The Court emphasized that the assessment of value at the time of clearance is final unless it is proven that the goods were damaged or deteriorated before or during unloading. The appeal for refund was dismissed as the appellant failed to demonstrate that the goods were sub-standard at the time of importation, thus establishing that no remission or re-assessment was permissible under the law.

ALL INDIA GLASS MANUFACTURERS' FEDERATION,NEW DELHI vs COLLECTOR OF CUSTOMS, BOMBAY · Niyam