Supreme Court of India · 2005-09-26
M/S Sharp Industries Ltd vs Commissioner Of Central Excise, ...
- Citation / case number
- AIR 2005 SUPREME COURT 4010
- Court
- Supreme Court of India
- Petitioner
- M/S Sharp Industries Ltd
- Respondent
- Commissioner Of Central Excise, ...
- Author
- S. N. Variava
- Bench
- S. N. Variava, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the classification of the Appellants' product under Tariff Heading 39.20.38 and 39.23.90, rejecting their claim for Tariff Heading 76.07. The Court emphasized that the product, consisting of 70-80% plastic, does not qualify as merely 'backed' aluminum foil since it is coated on both sides, thus assuming the character of a plastic article. The Court reiterated that the Tribunal is the final authority on factual matters, and the appeal was dismissed based on the established legal principles from prior cases.