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august 1992

Supreme Court of India · 1992-08-19

THERMAX PVT. LTD. vs THE COLLECTOR OF CUSTOMS, BOMBAY

Citation / case number
SC 1990/76221
Court
Supreme Court of India
Petitioner
THERMAX PVT. LTD.
Respondent
THE COLLECTOR OF CUSTOMS, BOMBAY
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that the benefit of Chapter X of the Central Excise Rules, 1944 can be claimed by any person, not just manufacturers, for remission of duty on excisable goods. The Court clarified that Rule 192 applies to importers as well, allowing them to sell goods at concessional rates if the purchaser meets the specified requirements. The Court upheld the applicability of exemptions under Section 8 of the Customs Tariff Act, 1975, emphasizing that the highest rate of duty under Section 3(1) does not negate the concession available to importers.

THERMAX PVT. LTD. vs THE COLLECTOR OF CUSTOMS, BOMBAY · Niyam