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september 2003

Supreme Court of India · 2003-09-03

Commissioner Of Central Excise, ... vs El.P.Em. Industries

Citation / case number
AIRONLINE 2003 SC 504
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, ...
Respondent
El.P.Em. Industries
Bench
Ruma Pal, Ashok Bhan

Judgment text excerpt

The Supreme Court held that the rotors and stators manufactured by the respondent for monobloc pumps are not classifiable under Tariff Item 30D as parts of electric motors, but rather under the residuary head of Item 68 of the Central Excises and Salt Act, 1944. The Court found the Revenue's classification illogical, as no identifiable electric motor was produced, and thus the components could not be deemed parts of a non-existent motor. The Tribunal's factual findings were upheld, leading to the conclusion that the respondent was correctly assessed for excise duty on the manufacture of monobloc pumps, not electric motors.

Commissioner Of Central Excise, ... vs El.P.Em. Industries · Niyam