Supreme Court of India

M/s Amrit Agro Industries Ltd. and Anr. v. Commissioner of Central Excise, Ghaziabad

Neutral citation
Bench S.H. Kapadia and B. Sudershan Reddy JJ.
Decided 19 March 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that E moongfali masala mazedar falls under Chapter.

Judgment, page 6

From the headnote

Central Excise Tariff Act, 1975: Schedule-Headings 20. 01 and 21. 08- 'Roasted peanuts'­ Classification of-Held, essential structure of peanuts is not changed by process of roasting-T.herefore, roasted peanuts are covered under Chapter 20-Notification No. 4197- . . dated 1.3.1997. Recomputation of duty-Assessee claiming roasted peanuts under Chapter 21, availing exemption from payment of duty-Held, assessee will / have to show as to how it determined the value-Whether price charged by assessee contained profit element or duty element will have to be examined- Matter remitted to adjudicating…

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