Supreme Court of India · 2008-02-07
COMMNR. OF CUSTOMS & CENTRAL EXCISE,GOA vs M/S. PHIL CORPORATION LTD.
- Citation / case number
- SC 2002/1968
- Court
- Supreme Court of India
- Petitioner
- COMMNR. OF CUSTOMS & CENTRAL EXCISE,GOA
- Respondent
- M/S. PHIL CORPORATION LTD.
- Author
- Dalveer Bhandari
- Bench
- DALVEER BHANDARI ASHOK BHAN
Judgment text excerpt
The Supreme Court held that the classification of goods under the Central Excise Tariff Act, 1985 is crucial for determining excise duty liability. Specifically, it was found that the respondent's products, processed cashew nuts and similar items, were correctly classified under Chapter 08 with a nil rate of duty, rather than Chapter 20 which imposes a duty. The Court upheld the Tribunal's decision that the goods were not assessable to duty, thereby allowing the appeal of the respondent assessee.