Supreme Court of India

Real Optical Co. v. Appellate Collector of Customs and Anr.

Neutral citation
Reported as [2001] 2 S.C.R. 70
Bench Syed Shah Mohammed Quadri and S.N. Phukan JJ.
Decided 23 February 2001

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the appeal has merit and it is allowed by setting aside the impugned judgment.

Judgment, page 5

From the headnote

Excise Laws : )- c Central Excises and Salt Act, 1944 : Rough Ophthalmic Blanks-Classification of-Tariff item No. 23- ( 4) or Residuary Tariff Item No. 68--Held: Identity of an article is associated with its primary function-The functional character of Rough Ophthalmic Blanks is .,, ... different from glass or glassware as these are used for making optical lenses- Hence, Rough Ophthalmic Blanks are not classifiable under Tariff Item No. 23- (4) but under Residuary Tariff Item 68 attracting a lower rate of dutr- Central Excise Tariff. The appellant imported Rough Ophthalmic Blanks and was

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