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april 2008

Supreme Court of India · 2008-04-23

Union Of India & Others vs Inter Continental (India)

Court
Supreme Court of India
Petitioner
Union Of India & Others
Respondent
Inter Continental (India)
Bench
Ashok Bhan, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the Central Board of Excise and Customs cannot impose additional conditions on exemption notifications through circulars, as this would violate the statutory requirements under Section 25 and Section 159 of the Customs Act. The Court affirmed the High Court's decision that the impugned circular No.40/2001-Cus. was contrary to Notification No.17/2001-Cus. and thus invalid. The Court ruled that the assessee was entitled to the concessional rate of duty without the need for an End-use Certificate.

Union Of India & Others vs Inter Continental (India) · Niyam