Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2008

Supreme Court of India · 2008-02-07

Commissioner Of Customs & Central ... vs Phil Corporation Ltd

Court
Supreme Court of India
Petitioner
Commissioner Of Customs & Central ...
Respondent
Phil Corporation Ltd
Author
Dalveer Bhandari
Bench
Ashok Bhan, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the classification of goods under the Central Excise Tariff Act, 1985 is crucial for determining liability for excise duty. The Court affirmed the Tribunal's decision that the respondent's products, classified under Chapter 08.01 as 'edible fruit and nuts', were not subject to excise duty, thus overturning the Commissioner of Customs & Central Excise's order. The Court emphasized that the legislative intent must be considered in classification disputes, leading to the conclusion that the goods were correctly assessed at a nil rate of duty.

Commissioner Of Customs & Central ... vs Phil Corporation Ltd · Niyam