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february 2008

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.

COMMNR. OF CUSTOMS & CENTRAL EXCISE,GOA vs M/S. PHIL CORPORATION LTD. · Niyam