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september 2005

Supreme Court of India · 2005-09-26

M/S. SHARP INDUSTRIES LTD. vs COMMISSIONER OF CENTRAL EXCISE, MUMBAI

Citation / case number
SC 2000/14844
Court
Supreme Court of India
Petitioner
M/S. SHARP INDUSTRIES LTD.
Respondent
COMMISSIONER OF CENTRAL EXCISE, MUMBAI
Author
S. N. VARIAVA
Bench
TARUN CHATTERJEE S. N. VARIAVA

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 classification under Tariff Heading 76.07 and 76.12. The Court emphasized that the product's composition, with plastic predominating (70-80%), warranted its classification as a plastic product rather than aluminum foil. The Court affirmed the Tribunal's findings, stating that it is the final authority on factual matters, and dismissed the appeal.

M/S. SHARP INDUSTRIES LTD. vs COMMISSIONER OF CENTRAL EXCISE, MUMBAI · Niyam