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september 2007

Supreme Court of India · 2007-09-21

COMMNR. OF CENTRAL EXCISE, DELHI vs M/S. FRICK INDIA LTD.

Citation / case number
SC 2001/21931
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, DELHI
Respondent
M/S. FRICK INDIA LTD.
Author
KAPADIA
Bench
B. SUDERSHAN REDDY S. H. KAPADIA

Judgment text excerpt

The Supreme Court, while adjudicating on civil appeals under Section 35-L(b) of the Central Excise Act, 1944, upheld the decision of the CEGAT which allowed the assessee's appeal against the Department's claim of duty evasion. The Court established that the items supplied by the assessee, including fly wheels, safety valves, and filters, were classifiable under their respective headings and not as part of the compressor under tariff Heading 84.14. Consequently, the Court ruled that the Department's demand for differential duty was not justified, affirming the Tribunal's order.

COMMNR. OF CENTRAL EXCISE, DELHI vs M/S. FRICK INDIA LTD. · Niyam