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march 2001

Supreme Court of India · 2001-03-20

M/S.SHRIRAM VINYL & CHEMICAL INDS. vs COMMNR.OF CUSTOMS, MUMBAI

Citation / case number
SC 1998/6386
Court
Supreme Court of India
Petitioner
M/S.SHRIRAM VINYL & CHEMICAL INDS.
Respondent
COMMNR.OF CUSTOMS, MUMBAI
Bench
S.P. BHARUCHA, N. SANTOSH HEGDE & Y.K. SABHARWAL.

Judgment text excerpt

The Supreme Court examined the applicability of Notification No.155/86-Cus under the Customs Act, 1962, specifically Section 25, regarding the import of parts for the assembly of furnaces. The Court held that the modernization of existing furnaces does not constitute the assembly of a new furnace as required by the notification, as it does not result in a substantially new product. Consequently, the appellants were denied the benefit of the lower customs duty, affirming the Tribunal's decision that modernization and assembly are distinct processes.

M/S.SHRIRAM VINYL & CHEMICAL INDS. vs COMMNR.OF CUSTOMS, MUMBAI · Niyam