Supreme Court of India · 2001-09-11
Commissioner Of Customs (Sea), Chennai vs Ballarpur Industries Ltd
- Citation / case number
- AIR 2001 SUPREME COURT 3893
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Customs (Sea), Chennai
- Respondent
- Ballarpur Industries Ltd
- Bench
- B.N. Kirpal, K.G. Balakrishnan
Judgment text excerpt
The Supreme Court upheld the Tribunal's finding that the application for refund of customs duty was filed within the limitation period, specifically on 5th March 1993, as opposed to the appellant's claim of 7th April 1993. The Court noted that the merits of whether the imported goods were accessories or spare parts were not addressed by the Tribunal, as the focus was solely on the timeliness of the refund application. The Court affirmed the Tribunal's decision, emphasizing that the exemption notification applied only to accessories, not spare parts, and refrained from commenting on ongoing criminal proceedings regarding alleged forgery of the refund application.