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Case Law Details

Case Name : M/s. IVRCL Infrastructure & Projects Ltd. Vs Commissioner of Customs (Supreme Court of India)
Appeal Number : Civil Appeal No. 5282 of 2004
Date of Judgement/Order : 05/04/2015
Related Assessment Year :
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Brief Facts

The appellant entered into a Joint Venture Agreement with M/s Shapoorji Pallonji & Company Limited for the purpose of construction of roads in the State of Andhra Pradesh. The Joint Venture  was  awarded  a  contract  by  the  National Highways Authority of India for construction of roads as a  part  of  the  Golden Quadrilateral, Phase-2 Project in Andhra Pradesh. Vide a notification dated 1.3.2001, in exercise of  powers under Section 25(1) of  the  Customs  Act,  certain  items  were  exempted from  payment  of  customs  duty  and  additional  duty leviable under the Customs Tariff Act. Serial No.217 of this notification reads as follows:

“217. 84 or any other Chapter – Goods specified in List 11 required for construction of roads.”

The condition by which the exemption is attracted is set out in item 38 as follows:

 “38. If, –

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