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november 2001

Supreme Court of India · 2001-11-29

M/S.PHOENIX INT. LTD. vs COMMR.OF CUSTOMS,DIST.RAIGAD,MAHARASHTRA

Citation / case number
SC 1999/12667
Court
Supreme Court of India
Petitioner
M/S.PHOENIX INT. LTD.
Respondent
COMMR.OF CUSTOMS,DIST.RAIGAD,MAHARASHTRA
Author
K.G. BALAKRISHNAN D.P. MOHAPATRA
Bench
K.G. BALAKRISHNAN D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court addressed the classification of imported goods under the Customs Act, 1962, specifically under Section 111(m) and Section 112(a). The Court held that the imported printed PVC, although initially claimed as PVC Leather Cloth, was correctly classified as shoe uppers due to its identifiable characteristics after examination. The Court upheld the Tribunal's decision to reduce the penalty but affirmed the classification and the imposition of a fine, confirming the application of Notification No. 79/95-Cus. dated 31.3.95 in the context of the Value Based Advance Licence (VBAL).

M/S.PHOENIX INT. LTD. vs COMMR.OF CUSTOMS,DIST.RAIGAD,MAHARASHTRA · Niyam