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april 2007

Supreme Court of India · 2007-04-20

M/S. ADHUNIK FOOD PRODUCTS (P) LTD.,U.P. vs COMNR. OF CENTRAL EXCISE, MEERUT

Citation / case number
SC 2001/22584
Court
Supreme Court of India
Petitioner
M/S. ADHUNIK FOOD PRODUCTS (P) LTD.,U.P.
Respondent
COMNR. OF CENTRAL EXCISE, MEERUT
Author
KAPADIA
Bench
S.H. KAPADIA & B.SUDERSHAN REDDY

Judgment text excerpt

The Supreme Court determined that 'puffs' made from cereals, specifically wheat and soya nuts, fall under Chapter Heading 19.04 as 'prepared foods obtained by the swelling or roasting of cereals' rather than Chapter Heading 21.07 for 'edible preparations'. The Court held that the classification of the product is crucial for determining the applicable duty, which was confirmed as Rs.2.31 crores for mis-declaration. The appeal was dismissed, affirming the lower authorities' decision regarding the classification and duty demand.

M/S. ADHUNIK FOOD PRODUCTS (P) LTD.,U.P. vs COMNR. OF CENTRAL EXCISE, MEERUT · Niyam