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.