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september 2006

Supreme Court of India · 2006-09-08

M/S. SNEH ENTERPRISES vs COMMNR. OF CUSTOMS, NEW DELHI

Citation / case number
SC 2004/28250
Court
Supreme Court of India
Petitioner
M/S. SNEH ENTERPRISES
Respondent
COMMNR. OF CUSTOMS, NEW DELHI
Author
S.B. Sinha
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court ruled that anti-dumping duty under Section 9A of the Customs Tariff Act, 1975 is applicable at the time goods cross the customs barrier, not at the time of importation. The Court held that the notification issued on 22.5.2002 was valid and applicable, affirming the Customs, Excise and Service Tax Appellate Tribunal's decision that the duty was payable by the appellant. The Court distinguished the case from previous rulings, confirming that the taxable event occurs upon crossing the customs barrier, thus upholding the imposition of the anti-dumping duty.

M/S. SNEH ENTERPRISES vs COMMNR. OF CUSTOMS, NEW DELHI · Niyam