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january 2006

Supreme Court of India · 2006-01-20

M/S. MOTOR INDUSTRIES CO. LTD. vs COMMNR. OF CENTRAL EXCISE, AURANGABAD

Citation / case number
SC 2000/11234
Court
Supreme Court of India
Petitioner
M/S. MOTOR INDUSTRIES CO. LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, AURANGABAD
Author
KAPADIA
Bench
S.H. KAPADIA ASHOK BHAN

Judgment text excerpt

The Supreme Court examined whether the assembly of nozzles and nozzle holders constitutes the manufacture of a new product, an 'injector', under Section 35-L(b) of the Central Excise Act, 1944. The Court held that the assembly does not result in a new product, affirming the tribunal's decision that the appellant was not entitled to exemption under notification no. 217/85 due to the specific exclusion of nozzles and nozzle holders. The outcome favored the department's classification of the products under sub-heading 8409.00.

M/S. MOTOR INDUSTRIES CO. LTD. vs COMMNR. OF CENTRAL EXCISE, AURANGABAD · Niyam