Supreme Court of India · 2001-11-29
M/S. Phoenix International Ltd vs Commissioner Of Customs, Distt. ...
- Citation / case number
- AIR 2002 SUPREME COURT 267
- Court
- Supreme Court of India
- Petitioner
- M/S. Phoenix International Ltd
- Respondent
- Commissioner Of Customs, Distt. ...
- Author
- K.G. Balakrishnan
- Bench
- D.P. Mohapatra, K.G. Balakrishnan
Judgment text excerpt
The Supreme Court ruled that the imported goods, described as Printed PVC, were correctly classified as parts of footwear under Section 111(m) of the Customs Act, 1962, due to their identifiable characteristics as shoe uppers. The Court upheld the Tribunal's decision to impose a penalty under Section 112(a) of the Act, affirming that the exemption under Notification No. 79/95-Cus. did not apply as the goods were not merely PVC Leather Cloth but had transformed characteristics. The appeal was dismissed, maintaining the classification and penalty imposed by the lower authorities.