Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2001

Supreme Court of India · 2001-09-11

COMMISSIONER OF CUSTOMS(SEA) CHENNAI vs M/S. BALLARPUR INDUSTRIES LTD.

Citation / case number
SC 2000/16432
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CUSTOMS(SEA) CHENNAI
Respondent
M/S. BALLARPUR INDUSTRIES LTD.
Bench
B.N. KIRPAL & K.G. BALAKRISHNAN & P. VENKATARAMA REDDY

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 as per Section 27 of the Customs Act, 1962. The Court noted that the Commissioner (Appeals) had not conclusively determined whether the imported goods were accessories or spare parts, which are treated differently under the exemption notification. The Court declined to interfere with the Tribunal's decision regarding the limitation but acknowledged ongoing criminal proceedings related to the alleged forgery of the application date.

COMMISSIONER OF CUSTOMS(SEA) CHENNAI vs M/S. BALLARPUR INDUSTRIES LTD. · Niyam