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january 2005

Supreme Court of India · 2005-01-05

COMMISSIONER OF CENTRAL EXCISE vs M/S.ESWARAN & SONS ENGRS. LTD.

Citation / case number
SC 1999/13013
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE
Respondent
M/S.ESWARAN & SONS ENGRS. LTD.
Author
KAPADIA
Bench
S.N. VARIAVA,DR. AR. LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court, while adjudicating appeals under Section 35L of the Central Excise Act, 1944, upheld the classification of Minimum Oil Circuit Breakers under sub-heading 8537.00 as per the Assistant Collector's order, rejecting the assessee's claim for classification under sub-heading 8535.00. The Court emphasized that the components of the Minimum Oil Circuit Breaker serve individual functions and thus do not constitute a separate apparatus. The Court affirmed the Department's demand for differential duty, concluding that the classification was consistent with the Explanatory Note to Chapter 85 and HSN guidelines.

COMMISSIONER OF CENTRAL EXCISE vs M/S.ESWARAN & SONS ENGRS. LTD. · Niyam