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august 2011

Supreme Court of India · 2011-08-30

Commnr. Of Central Excise, Meerut-Ii vs M/S. Sundstrand Forms P.Ltd

Citation / case number
AIR 2012 SC (SUPP) 185
Court
Supreme Court of India
Petitioner
Commnr. Of Central Excise, Meerut-Ii
Respondent
M/S. Sundstrand Forms P.Ltd
Author
Mukundakam Sharma
Bench
Mukundakam Sharma, Anil R. Dave

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that the respondent's products, specifically carbonless stationery, fall under sub-Heading Nos. 4901.90 and 4820.00 of the Central Excise Tariff Act, 1985, and are chargeable to NIL rate of duty. The Court clarified that carbonless paper, although a marketable commodity, does not constitute computer stationery until it undergoes further processing such as perforation and punching. The appeal was dismissed, affirming the Tribunal's ruling that the respondent was not liable for the alleged duty evasion under Rule 9(2) of the Central Excise Rules, 1944 and Section 11A(1) of the Central Excise Act, 1944.

Commnr. Of Central Excise, Meerut-Ii vs M/S. Sundstrand Forms P.Ltd · Niyam