M.L.JOSHI, S.K.M.LODHA
Prem Cables Pvt. Ltd. – Appellant
Versus
Assistant Collector (Principal Appraiser) Customs – Respondent
S.K. Mal Lodha, J.-These are eight writ petitions under Article 226 of the Constitution of India and can be conveniently disposed of by a s ingle judgment as they have been heard together and the questions involved in all of them are the same.
2. It will suffice to state the facts in Writ Petition No. 1961 of 1970. The petitioner in connection with its business of manufacture of Aluminium Conductor Steel Reinforced and all Aluminium Conductors imported Electrolytic Grade Aluminium Wire Rods which were not extruded from outside India. One such consignment was imported under Bill of Entry No. 2431, dated July 7, 1965. The consignment consisted of 9.165 M. T. of Electrolytic Grade Aluminium Wire of 90% to 99.5% purity and 3” diameter. These goods were cleared from the Customs at Bombay and at the time of clearance, the Assistant Collector (Principal Appraiser) Customs, Bombay levied duties as under- Customs Duty 16 1/2% Countervailing Duty Rs. 396 per M.T.
3. The petitioner paid the above duties. The petitioner has no grievance so far as the payment of customs duty at 16% on the above consignment is concerned but according to the petitioner, the countervailing duty at Rs. 396
Cases Referred : Dr. Surjuprasad Gumasta & Anr. vs. State of Madhya Pradesh & Ors.
Lt. Col. Khajoor Singh vs. Union of India & Anr.
Borakar Engineering and Foundry Works vs. State of Bihar
Serajuddin & Co. vs. The State of Orissa & Ors.
W.W. Joshi & Ors. vs. State of Bombay & Ors.
Darnirnal Kausornal Raisighani vs. Union of India & Ors.
Nasiruddin vs. State Transport Appellate Tribunal etc.
Union of India vs. Bhagwan Industries Ltd.
Soniram Jeetmull vs. R.D. Tata and Company Ltd.
Ram Bhagat Somani vs. Kanhaiyalal Jainarain Tambi
Gopal Vinayak Godse vs. The Union of India & Ors.
Mubarak Hussain vs. State of Rajasthan
A.V. Vanketaswarn Collector of Customs Bombay vs. Ramchand Sobhraj Wadhwani & Anr.
Raja Jagdambika Pratap Narain Singh vs. Central Board of Direct Taxes & Ors.
Jain Brothers and Company Bundi vs. The State of Rojashan
Sri Shiba Prasas Singh vs. Maharaja Srish Chandra Nandi & Anr.
The Sales Tax Officer Banaras vs. Kanhiyalal Makund Lal Saraf
State of Kerala vs. Aluminium Industries Ltd.
State of M.P. vs. Bhailal Bhai etc.
Tilikchand Motichand & Ors. vs. H.B. Munshi Commissioner of Sales Tax Bombay
Caltex India Ltd. Indore vs. Assistant Commissioner of Sales Tax
Suganmal vs. State of Madhya Pradesh
Commissioner of Police Bombay vs. Gordhandas Bhauji
Burmah Construction Company vs. The State of Orissa & Ors.
Firm A.T.B. Mehtab Majid and Co. vs. State of Madras & Anr.
Tata Engineering and Locomotive Co. Ltd. vs. The Assistant Commisssioner of Commercial Taxes & Anr.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.