Supreme Court of India · 2005-02-22
Dcl Polyester Ltd., Nagpur vs Collector Of Central Excise & Customs, ...
- Citation / case number
- AIR 2005 SUPREME COURT 1336
- Court
- Supreme Court of India
- Petitioner
- Dcl Polyester Ltd., Nagpur
- Respondent
- Collector Of Central Excise & Customs, ...
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the classification of 'sweeping wastes' under the Central Excise Tariff Act, 1985, determining that these materials do not qualify as 'waste' under chapter heading 39.15 but rather as 'primary form of plastic' under chapter heading 39.07. The Court held that the spillage of polyester chips does not alter their classification as they are not manufacturing waste but rather a by-product of the manufacturing process. Consequently, the appeal was dismissed, affirming the lower authority's decision regarding duty payment.