SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(SC) 995

ARUN MISHRA, M.R.SHAH, B.R.GAVAI
COMMISSIONER OF CUSTOMS, BANGALORE-1 – Appellant
Versus
MOTOROLA INDIA LTD. – Respondent


Advocates Appeared:
For the Appellant(s) :Dhruv Aggarwal, Sunita Rani Singh, Shirin Khajuria, M. Khairati, B. Krishna Prasad, Advocates
For the Respondent(s):Balbir Singh, Nishant Joshi, Nikhil Varshney, S. S. Shroff, V. Lakshmikumaran, Charanya Lakshmikumaran, Aaditya Bhattacharya, Apeksha Mehta, Ishita Mathur, Monica Kasturi, R. Parthasarthy, Kumar Visalaksh, Udit Jain, Archit Gupta, Harish Pandey, Mahfooz A. Naki, M/S. Ap & J Chambers, Advocates.

JUDGMENT

B.R. GAVAI, J.

Leave granted in S.L.P.(C) No. 29444/2012 and S.L.P.(C) No. 12755/2015.

2. A short question that arises for consideration in these appeals is, as to whether an appeal from the order of Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the “CESTAT”), involving an issue regarding violation of conditions contained in customs exemption notification, would lie before the High Court under the provisions of Section 130 of the Customs Act, 1962 (hereinafter referred to as the “Customs Act”) or to this Court under the provisions of Section 130E of the Customs Act.

3. The facts in the present matter are not in dispute. For the sake of convenience, we would refer to the facts in Civil Appeal No. 10083/2011, inasmuch as the impugned judgment and order(s) in all other connected appeals are passed following the judgment and order passed by the Karnataka High Court in CS TA No. 2/2007.

4. The assessee is a leading manufacturer of pagers. The assessee is entitled to the benefit of Notification No. 30/1997– Customs dated 01.04.1997 (hereinafter referred as the said “notification”) by which the materials imported into India for the manufacturing of the

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top