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april 2010

Supreme Court of India · 2010-04-12

BATA INDIA LTD. vs COMMNR. OF CENTRAL EXCISE, NEW DELHI

Citation / case number
SC 2002/63137
Court
Supreme Court of India
Petitioner
BATA INDIA LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, NEW DELHI
Author
K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court addressed whether unvulcanised sandwiched fabric assembly qualifies as 'goods' under the Central Excise Tariff Act, 1985, specifically under sub-heading 5905.10. The Court upheld the Tribunal's decision that the product is excisable, emphasizing that it is marketable and distinct from its original materials, thus attracting central excise duty. The ruling confirmed the Revenue's burden of proof regarding marketability was met, affirming the Tribunal's findings.

BATA INDIA LTD. vs COMMNR. OF CENTRAL EXCISE, NEW DELHI · Niyam