Supreme Court of India · 2007-08-17
M/S. Ibex Gallagher Pvt. Ltd. & Anr vs Commissioner Of Central Excise, ...
- Citation / case number
- AIRONLINE 2007 SC 343
- Court
- Supreme Court of India
- Petitioner
- M/S. Ibex Gallagher Pvt. Ltd. & Anr
- Respondent
- Commissioner Of Central Excise, ...
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, D.K. Jain
Judgment text excerpt
The Supreme Court upheld the classification of the solar power electric power fencing system under sub-heading 8543.90 of the Central Excise Act, 1944, affirming that the assembly of various components results in a new product distinct from its individual parts. The Court ruled that the erection of the fencing system does not render it immovable property, thus confirming the duty demand under Section 11A and penalty under Section 11AC. The Court also acknowledged the appellant's argument regarding time-barred demands, indicating a need for further consideration on that aspect.