Supreme Court of India · 1991-02-12
G. CLARIDGE AND COMPANY LIMITED vs COLLECTOR OF CENTRAL EXCISE, PUNE
- Citation / case number
- SC 1990/77137
- Court
- Supreme Court of India
- Petitioner
- G. CLARIDGE AND COMPANY LIMITED
- Respondent
- COLLECTOR OF CENTRAL EXCISE, PUNE
- Author
- S.C. AGRAWAL
- Bench
- S.C. AGRAWAL
Judgment text excerpt
The Supreme Court held that 'egg trays' do not qualify as 'containers' under Item 17 of the First Schedule to the Central Excises and Salt Act, 1944, and Heading 48.18 of the Central Excise Tariff Act, 1985. The Court reasoned that egg trays, being open receptacles, cannot be used for the transportation of articles and thus do not meet the statutory definition of containers. The appeal was dismissed, affirming that the term 'container' in the relevant statutes refers to enclosed receptacles suitable for storage and transport.