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november 2007

Supreme Court of India · 2007-11-15

M/S. JAI FIBRES LTD. vs COMMNR.OF CENTRAL EXCISE, MUMBAI -III

Citation / case number
SC 2006/115
Court
Supreme Court of India
Petitioner
M/S. JAI FIBRES LTD.
Respondent
COMMNR.OF CENTRAL EXCISE, MUMBAI -III
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted a Circular dated 24.09.1992 issued under Section 37-B of the Central Excises and Salt Act, 1944, concerning the classification of HDPE bags for excise duty purposes. The Court held that the Central Board of Excise and Customs had the authority to issue the circular to ensure uniformity in classification, and thus the differential duty under Chapter 39 was applicable for the specified period. The appeal was dismissed, affirming the Tribunal's decision that the revenue was entitled to recover the differential duty based on the amended Section 11A of the Central Excise Act.

M/S. JAI FIBRES LTD. vs COMMNR.OF CENTRAL EXCISE, MUMBAI -III · Niyam