Supreme Court of India

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

Neutral citation
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.

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