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september 2008

Supreme Court of India · 2008-09-23

Commnr. Of Customs, New Delhi vs M/S. Sony India Ltd

Citation / case number
AIRONLINE 2008 SC 554
Court
Supreme Court of India
Petitioner
Commnr. Of Customs, New Delhi
Respondent
M/S. Sony India Ltd
Author
V.S. Sirpurkar
Bench
V.S. Sirpurkar, Ashok Bhan

Judgment text excerpt

The Supreme Court upheld the decision of the Customs, Excise & Gold (Control) Appellate Tribunal, which found that the components imported by M/s Sony India Ltd. could not be classified as complete Colour Television (CTV) sets under the Customs Act, 1962. The Court noted that the duty demand under Proviso to Section 28(1), penalty under Section 112(a) read with Section 114(a), and interest under Section 28 AB were unsustainable. The ruling clarified the application of Rule 2(a) of the General Rules for Interpretation, emphasizing that the components should not be treated as finished products for duty assessment purposes.

Commnr. Of Customs, New Delhi vs M/S. Sony India Ltd · Niyam