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august 1997

Supreme Court of India · 1997-08-26

MODI RUBBER LIMITED vs UNION OF INDIA & ANR.

Citation / case number
SC 1981/63734
Court
Supreme Court of India
Petitioner
MODI RUBBER LIMITED
Respondent
UNION OF INDIA & ANR.
Author
K.T. THOMAS SUHAS C. SEN
Bench
K.T. THOMAS SUHAS C. SEN

Judgment text excerpt

The Supreme Court held that the Polypropylene Liner Fabric (PPLF) imported by Mode Rubber Limited should be classified under Item 72(3) ICT as a component part of machinery rather than under Item 53 ICT as a textile manufacture. The Court emphasized that PPLF is essential for the functioning of the machinery and thus qualifies as a component part. The levy of duty at 305 percent under Item 53 ICT was deemed incorrect, and the Court directed that the duty should be recalculated accordingly.

MODI RUBBER LIMITED vs UNION OF INDIA & ANR. · Niyam