Supreme Court of India · 2007-08-22
Jayanti Food Processing (P) Ltd vs Commissioner Of Central Excise, ...
- Citation / case number
- AIR 2007 SC (SUPP) 789
- Court
- Supreme Court of India
- Petitioner
- Jayanti Food Processing (P) Ltd
- Respondent
- Commissioner Of Central Excise, ...
- Bench
- Ashok Bhan, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 4 and Section 4A of the Central Excise Act, 1944, along with the Standards of Weights & Measures Act, 1976, and the Standards of Weights & Measures (Packaged Commodities) Rules, 1977. The Court held that the assessment of goods should be determined based on the nature of the product and its packaging, affirming the Tribunal's decision to assess certain products under Section 4A. The appeals by the Assessees were dismissed, and the appeals by the Commissioners were allowed, clarifying the applicable sections for taxation.