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august 2004

Supreme Court of India · 2004-08-11

M/S Gaurav Distributors (P) Ltd vs Commissioner Of Customs, New Delhi

Citation / case number
AIR 2004 SUPREME COURT 4484
Court
Supreme Court of India
Petitioner
M/S Gaurav Distributors (P) Ltd
Respondent
Commissioner Of Customs, New Delhi
Author
S. N. Variava
Bench
S. N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court analyzed the applicability of Section 20 of the Customs Act, 1962, regarding the re-importation of goods exported under bond. The Court held that the term 'goods exported in bond' refers specifically to goods exported under a customs bond, and not an excise bond, thereby affirming the decision of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which upheld the Assistant Commissioner of Customs' ruling that the appellants were liable to pay customs duty. The Court concluded that the appellants did not qualify for the exemption under the proviso to Section 20 due to the nature of the bond under which the goods were exported.

M/S Gaurav Distributors (P) Ltd vs Commissioner Of Customs, New Delhi · Niyam