Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs act 1962-Sections 46 and 151 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Import of petroleum products and Crude Oil by the assessee-Clearance of goods upon payment. of customs duty thereto-Show cause notice on grounds of misdeclaring value of the goods and suppressing the facts regarding payment of demurrage charges-Revenue confirming extra duty after adding demurrage charges in the value of the goods-Appeals rejected by the Appellate Authority-On appeal, Tribunal held that in view of the Circular issued by the CBEC demurrage charges not includible in the customs value of the imported goods-On appeal, held, the Circular stipulates exclusion of demurrage from the assessable value of the goods-Affirmed by the Constitution Bench in an earlier case-It, therefore, remains a good law so long as Circular remains operative-Hence, demurrage wrongly included in the assessable value of the goods-Customs Valuation (Determination of Price of Imported Goods) Rules 1998; Rules 5-9-Constitution of India, 1950-Article 141. Provisions of law under Section 151 A of the Customs Act, vis-a-vis Section 119 of the Income Tax Act and Section 37 of the Central Excise Act-Analogy between-Held: Parliament had legislatively approved the same F construction as under the provisions in the Income Tax Act and the Central Excise Act-The same provision using same words introduced in the Customs Act-Principle enunciated in earlier Acts should be determinative of the construction in respect of materially similar statutory provisions in the later Act-Hence, the Circular is binding on the Revenue-Interpretation of Statutes-Income Tax Act, 1961; Section 119--Central Excise Act; Section 37B. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2004 INSC 120 |
Petitioner | Commissioner Of Customs, Calcutta Etc. Etc. |
Respondent | M/s. Indian Oil Corporation Ltd. And Anr. |
SCR | [2004] 2 S.C.R. 511 |
Judgement Date | 2004-02-17 |
Case Number | 2342-2362 |
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