Supreme Court of India

Pernod Ricard India (p) Ltd. v. Commissioner of Customs, Icd Tughlakabad

Neutral citation
Reported as [2010] 8 S.C.R. 996
Bench D.K. Jain and T.S. Thakur JJ.
Decided 26 July 2010

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that the Tribunal erred in re-opening and examining afresh the question as to whether or not the value of CAB could be determined by applying Rule 6 and, therefore, the objection of the revenue in E that regard deserves to be accepted.

Judgment, page 22

From the headnote

Customs Act, 1962: s.130E - Statutory appeal filed before Supreme Court u/s. 130E against the order of tribunal - Challenging the applicability of rule 6 of 1988 Rules - Dismissal of appeal by Supreme Court by a non-speaking order - Held: Dismissal of appeal by Supreme Court was in exercise of appellate jurisdiction - Doctrine of merger would be attracted and the appellant is estopped from raising the issue of applicability of Rf.lie 6 - Doctrine of merger - Estoppel - Appeal before Supreme Court. Customs Valuation (Determination of Prices of Imported Goods) Rules, 1988 - Rule 5(1)(c) -

Where later benches applied it

Of those, 1 referred to

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