Home Case Index All Cases Central Excise Central Excise + SC Central Excise - 2005 (12) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (12) TMI 97 - SC - Central ExciseDemand of differential duty - Classification of goods - Classification under Heading 3926.90 or Heading 7616.90 - Held that:- levy of excise duty on the basis of approved classification list is not a short levy and differential duty could not be recovered on the ground that the classification list had already been approved by the department - Pending the appeal, the law has been amended allowing the reopening of the approved classification list. The said amendment was brought out by Act 10 of 2000 with retrospective effect from 17-11-1980. The said amendment was challenged and ultimately this Court in ITW Signode India Limited v. Collector of Central Excise reported in [2003 (11) TMI 114 - SUPREME COURT OF INDIA] upheld the validity of the Amending Act with retrospective effect stating therein that the law laid down in Cotspun Limited case (1999 (9) TMI 87 - SUPREME COURT OF INDIA) does not exist after the amendment and consequently the said decision is no longer operative and binding as a precedent - Matter remitted back - Decided in favour of Revneue.
|