Supreme Court of India

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

Neutral citation
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.

Where later benches applied it

Of those, 1 referred to

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