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january 2006

Supreme Court of India · 2006-01-16

ANJALEEM ENTERPISES PVT. LTD. vs COMMNR. OF CENTRAL EXCISE, AHMEDABAD

Citation / case number
SC 2000/4627
Court
Supreme Court of India
Petitioner
ANJALEEM ENTERPISES PVT. LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, AHMEDABAD
Author
KAPADIA
Bench
S.H. KAPADIA ASHOK BHAN

Judgment text excerpt

The Supreme Court addressed two key issues under Section 35-L(b) of the Central Excise Act, 1944: (1) whether a programmed EPROM is an integral part of an STD-PCO unit, and (2) the appellant's entitlement to exemption under notification No.84/89 CE dated 1.3.1989. The Court held that the programmed EPROM is indeed an integral part of the STD-PCO unit and not classifiable as a separate recorded medium under Chapter 85.24, thus denying the exemption claimed by the appellant. The outcome affirmed the classification of the STD-PCO unit under Chapter 85.17, leading to the recovery of excise duty.

ANJALEEM ENTERPISES PVT. LTD. vs COMMNR. OF CENTRAL EXCISE, AHMEDABAD · Niyam