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july 2006

Supreme Court of India · 2006-07-20

M/S. H.V. INDUSTRIAL ELECTRONICS P. LTD. vs COMMNR. OF CENTRAL EXCISE & CUSTOMS

Citation / case number
SC 2001/7388
Court
Supreme Court of India
Petitioner
M/S. H.V. INDUSTRIAL ELECTRONICS P. LTD.
Respondent
COMMNR. OF CENTRAL EXCISE & CUSTOMS
Author
MARKANDEY KATJU ASHOK BHAN
Bench
MARKANDEY KATJU ASHOK BHAN

Judgment text excerpt

The Supreme Court addressed the classification of 'power controllers' under the Central Excise Tariff Act, specifically Sub-heading 8536.90 versus Sub-heading 8543.00. The Court held that the classification should be under Sub-heading 8536.90, as the power controllers are designed for controlling the flow of power in electrical circuits, thus not falling under the residuary category of Sub-heading 8543.00. The Court overturned the Tribunal's decision, reinstating the Collector (Appeals) ruling in favor of the appellants.

M/S. H.V. INDUSTRIAL ELECTRONICS P. LTD. vs COMMNR. OF CENTRAL EXCISE & CUSTOMS · Niyam