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march 2001

Supreme Court of India · 2001-03-20

M/S.Shriram Vinyl & Chemical ... vs Commissioner Of Customs, Mumbai

Citation / case number
AIR 2001 SUPREME COURT 1283
Court
Supreme Court of India
Petitioner
M/S.Shriram Vinyl & Chemical ...
Respondent
Commissioner Of Customs, Mumbai
Bench
S.P. Bharucha, N. Santosh Hegde

Judgment text excerpt

The Supreme Court held that the appellants were not entitled to the benefit of Notification No.155/86-Cus as the assembly of modernized furnaces did not result in the emergence of a new product, which is a requirement under the notification. The Court clarified that the terms 'initial setting up', 'assembly', and 'manufacture' imply the creation of a new article, and merely modernizing existing furnaces does not satisfy this criterion. Consequently, the appeal was dismissed, affirming the decision of the Collector of Customs (Appeals).

M/S.Shriram Vinyl & Chemical ... vs Commissioner Of Customs, Mumbai · Niyam