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january 2019

Supreme Court of India · 2019-01-24

Commissioner Of Customs vs M/S. Atul Automations Pvt Ltd.

Citation / case number
AIRONLINE 2019 SC 2369
Court
Supreme Court of India
Petitioner
Commissioner Of Customs
Respondent
M/S. Atul Automations Pvt Ltd.
Author
Navin Sinha
Bench
K.M. Joseph, Navin Sinha, Ranjan Gogoi

Judgment text excerpt

The Supreme Court addressed the legality of importing Multi-Function Devices (MFDs) under the Foreign Trade (Development and Regulation) Act, 1992 and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The Court held that the MFDs constituted 'other wastes' under Rule 3(1)(23) of the Waste Management Rules, affirming the High Court's decision that the absence of necessary authorisation rendered the imports illegal. The Court ruled that the redemption fine under Section 125 of the Customs Act was improperly applied, emphasizing that prior illegal imports do not establish a legal right for future relief.

Commissioner Of Customs vs M/S. Atul Automations Pvt Ltd. · Niyam