1996(12)LCX0074

IN THE SUPREME COURT OF INDIA

S.P. Bharucha and S.C. Sen, JJ.

COLLR. OF CUS.

Versus

SHRISHMA FINE CHEM. & PHARMA. (KARNATAKA) LTD.

Civil Appeal Nos. 1954-1989 of 1990, decided on 17-12-1996

[Order]. - The respondents imported Phenol USP Grade and claimed the benefit of an exemption notification issued under the provisions of Section 25 of the Customs Act, 1962. The exemption therein applied, inter alia, to “pharmaceutical chemicals, i.e., chemicals having prophylatic or therapeutic value and used solely or predominantly as drugs, not elsewhere specified”. The Tribunal, having regard to the material before it, came to the conclusion that Phenol USP fell within the pharmaceutical chemicals described in the notification as aforesaid. We are in no doubt that the Tribunal was right in doing so.

2. The appeals are dismissed, with no order as to costs.

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Equivalent  1997 (89) ELT 451 (S.C.)