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december 1989

Supreme Court of India · 1989-12-21

FRICK INDIA LTD. vs UNION OF INDIA AND OTHERS

Citation / case number
SC 1982/63887
Court
Supreme Court of India
Petitioner
FRICK INDIA LTD.
Respondent
UNION OF INDIA AND OTHERS
Author
V. II RAMASWAMI
Bench
V. II RAMASWAMI

Judgment text excerpt

The Supreme Court dismissed the appeal, affirming that sub-item (3) of item 29-A of the Central Excise Tariff encompasses all air-conditioning and refrigerating appliances and machinery, including parts thereof. The Court held that the legislative history and notifications indicate that the scope of sub-item (3) is comprehensive and independent of sub-items (1) and (2). It was clarified that whether the manufacturer supplies a complete unit is irrelevant for duty levied on parts specified in sub-item (3). The previous ruling in Mother India Refrigeration Industries Pvt. Ltd. v. Supdt. of Central Excise was overruled.

FRICK INDIA LTD. vs UNION OF INDIA AND OTHERS · Niyam