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july 2007

Supreme Court of India · 2007-07-13

M/S Hmt Ltd vs Commnr. Central Excise & ...

Citation / case number
2007 (6) AIR BOM R 389
Court
Supreme Court of India
Petitioner
M/S Hmt Ltd
Respondent
Commnr. Central Excise & ...
Author
Arijit Pasayat
Bench
Arijit Pasayat, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the classification of machinery under the Central Excise Tariff Act, 1985, specifically under Section 11-A of the Central Excise Act, 1944, confirming the demand of Rs.14,37,805/- for misclassified goods. The Court ruled that the machines in question, used for pasteurizing and chilling, were correctly classified under Chapter headings 8419.10 and 8413.19, as they operate on the principle of heat exchange and are excluded from Chapter heading 84.34. The penalty imposed was set aside, affirming the lower court's decision regarding the classification but maintaining the demand for duty.

M/S Hmt Ltd vs Commnr. Central Excise & ... · Niyam