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.