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august 1997

Supreme Court of India · 1997-08-21

M/S L.M.L. LIMITED vs COLLECTOR OF CENTRAL EXCISEKANPUR

Citation / case number
SC 1989/72523
Court
Supreme Court of India
Petitioner
M/S L.M.L. LIMITED
Respondent
COLLECTOR OF CENTRAL EXCISEKANPUR
Author
Kirpal
Bench
B. N. KIRPAL J. S. VERMA

Judgment text excerpt

The Supreme Court addressed the classification of steel off-cuts under the Central Excise Tariff. The appellant contended that these off-cuts should be classified as waste and scrap under Tariff Heading 7203.20, attracting a lower duty of Rs. 365 per ton, while the respondent argued for classification under Heading 7212.32 at Rs. 715 per ton. The Court held that the classification should reflect the actual use of the material, affirming the Tribunal's decision that the off-cuts are not merely waste but can be utilized in manufacturing, thus justifying the higher duty rate.

M/S L.M.L. LIMITED vs COLLECTOR OF CENTRAL EXCISEKANPUR · Niyam