VidhiSangh

Supreme Court of India · 05/09/2019

S.C.R.COMMISSIONER OF CUSTOMS, BANGALORE-1 versus M/S MOTOROLA INDIA LTD.

[2019] 12 S.C.R. 618 · 2019 INSC 1004

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Summary

The High Court declined customs appeals concerning alleged non-use of exempt imported materials, treating them as direct appeals to the Supreme Court. The Court distinguished disputes about tariff rate, valuation, classification or exemption coverage from a fact-specific breach of conditions where coverage was admitted. The latter appeals belonged before the High Court under Section 130. The cases were remitted for consideration on merits.

Issues

  1. Whether an appeal concerning breach of admitted exemption conditions lay to the High Court or directly to the Supreme Court.

Provisions considered

Held

Result

The appeals were allowed without costs, the High Court orders set aside, and the customs appeals remitted to the High Court for fresh consideration on their own merits.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 618.