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march 2008

Supreme Court of India · 2008-03-27

Commissioner Of Central Excise, Delhi vs Insulation Electrical (P) Ltd

Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, Delhi
Respondent
Insulation Electrical (P) Ltd
Author
Ashok Bhan
Bench
Ashok Bhan, Dalveer Bhandari

Judgment text excerpt

The Supreme Court, under Section 35-L of the Central Excise Act, 1944, upheld the Tribunal's decision that the products manufactured by the assessee were correctly classified under chapter heading 8708.00 as parts and accessories of motor vehicles, attracting a 15% duty, rather than under chapter heading 9401.00, which would incur an 18% duty. The Court found that the Tribunal's reliance on the Karnataka High Court's judgment in Supreme Motors v. State of Karnataka was appropriate, and thus the appeal by the Revenue was dismissed. The outcome favored the assessee, confirming the lower duty classification.

Commissioner Of Central Excise, Delhi vs Insulation Electrical (P) Ltd · Niyam