Supreme Court of India · 2002-12-18
Garden Silk Mills Ltd. vs Collector Of Central Excise & Customs
- Citation / case number
- AIRONLINE 2002 SC 172
- Court
- Supreme Court of India
- Petitioner
- Garden Silk Mills Ltd.
- Respondent
- Collector Of Central Excise & Customs
- Bench
- M.B. Shah, D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court held that the classification of 'tapsa yarn' under Central Excise Tariff Chapter Heading 56.06 requires a definitive finding on whether core yarn was used in its manufacture. The Court noted that previous Tribunal decisions in Pratik Crimpers and S.J. Vasania Silk Mills indicated a contrary view, necessitating a re-examination of evidence. Consequently, the Court set aside the Tribunal's order and remitted the matter for a fresh decision, emphasizing the need for a thorough factual inquiry.