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The Commissioner Of Customs vs M/S. Edhayam Frozen Foods on 4 July, 2008

'42.In that case before the Apex Court, an importer who imported consignment of wool materials, claimed that it is wool waste and hence not liable for customs duty as per a Notification. The department was of the opinion that what was imported was not wool waste, but wool sleeve and imposed duty. The experts gave a report that it was not possible to give an opinion by visual observations of the material and that there was no specification laid down for the same by the ISI or International Standard Organisation. In those circumstances of the case, the Tribunal noted that the question would have to be understood on the basis of the trade understanding. Thus, the question involved in that case was whether the goods imported is woollen waste or woollen sleeve, that is a question of fact. But in the present case, the question whether the expression 'fish' includes prawns/'shrimps' cannot be regarded as question of fact,but can only be regarded as an issue involving interpretation of an entry, which can be regarded as a question of law.
Madras High Court Cites 18 - Cited by 7 - K R Pandian - Full Document
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