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).