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august 2007

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.

M/S. Ibex Gallagher Pvt. Ltd. & Anr vs Commissioner Of Central Excise, ... · Niyam