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february 2005

Supreme Court of India · 2005-02-03

M/S. O.K. PLAY (INDIA) LTD. vs COMMNR. OF CENTRAL EXCISE DELHI-III

Citation / case number
SC 2004/19744
Court
Supreme Court of India
Petitioner
M/S. O.K. PLAY (INDIA) LTD.
Respondent
COMMNR. OF CENTRAL EXCISE DELHI-III
Author
S.N. VARIAVA,AR. LAKSHMANAN,S.H. KAPADIA
Bench
S.N. VARIAVA,DR. 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 Chapter Heading 95.03 of the Central Excise Act, 1944. The Court held that the classification of goods for excise duty must consider specific descriptions over general ones, as per Rule 3(a) of the Excise Tariff. The Court concluded that the items in question were indeed 'toys' and thus correctly classified under the claimed heading, affirming the assessee's position and dismissing the department's appeal.

M/S. O.K. PLAY (INDIA) LTD. vs COMMNR. OF CENTRAL EXCISE DELHI-III · Niyam