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february 2005

Supreme Court of India · 2005-02-03

M/S O.K. Play (India) Ltd vs Comm.Of Central Excise,Delhi-Iii, ...

Citation / case number
AIR 2005 SUPREME COURT 1023
Court
Supreme Court of India
Petitioner
M/S O.K. Play (India) Ltd
Respondent
Comm.Of Central Excise,Delhi-Iii, ...
Bench
S.N. Variava, Ar. Lakshmanan, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the classification of certain articles manufactured by M/s O.K. Play (India) Ltd. under the Central Excise Act, 1944, specifically under Section 35L(b). The Court held that the classification of goods as 'toys' under Tariff Heading 95.03 must consider functional utility, design, and predominant usage, rather than just trade names. The judgment emphasized the importance of the Harmonized System of Nomenclature and the rules of interpretation, ultimately ruling in favor of the assessee's classification of the articles as toys.

M/S O.K. Play (India) Ltd vs Comm.Of Central Excise,Delhi-Iii, ... · Niyam