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1998 Supreme(SC) 24

SUPREME COURT OF INDIA
KASTURI AND SONS PRIVATE LIMITED
Vs.
Collector of Customs, madras
Decided on January 8, 1998

The central legal point established is the correct classification of imported goods under specific entry numbers, based on the interpretation of relevant provisions.

Headnote:

Classification - Rubber Blankets - Interpretation of Entry 40.16 and Entry 40.08

Fact of the Case:

The only question involved relates to the classification of the rubber blankets imported by the appellant. The department assessed them under Entry 40.16, while the appellant claimed they fell under Entry 40.08.

Finding of the Court:

The tribunal concluded that the goods did not fall under Entry 40.08 and were correctly classified under Entry 40.16. The court found no infirmity in the tribunal's judgment and dismissed the appeal with costs.

Issues: Classification of imported rubber blankets under Entry 40.16 or Entry 40.08

Ratio Decidendi: The court upheld the tribunal's interpretation that the rubber blankets were correctly classified under Entry 40.16, in line with the department's assessment.

Final Decision: The appeal was dismissed with costs.

( 1 ) THE only question involved relates to the classification of the rubber blankets imported by the appellant. According to the department they were assessable under Entry 40. 16 whereas the appellant claimed that they fell under Entry 40. 08. The tribunal, following its earlier decision, has come to the conclusion that the goods in question did not fall under Entry 40. 08 and were correctly classified under Entry 40. 16. We have gone through the judgment of the tribunal and we do not find any infirmity calling for an interference. The appeal is dismissed with costs.

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