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2015 (12) TMI 665 - SUPREME COURT

2015 (12) TMI 665 - SUPREME COURT - 2015 (326) E.L.T. 20 (SC) - Manufacture - classification - fish, prawns, and other prepared food items packed in polythene pouches with brand name 'SUMERU' - classifiable under Chapter 16 or Chapter 3 - Held that:- The Tribunal vide its final order dated 17.10.2006 while allowing the appeal of the respondents held that on the basis of expert evidence and opinion, the products have not gone under any process. Therefore, the said products should be classified un .....

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who had given the opinion in question on the basis of which goods have rightly been classified under Chapter 3 by the Tribunal - Decided against Revenue. - Civil Appeal No(s). 4033-4034/2007 - Dated:- 29-10-2015 - Mr. A.K. Sikri And Mr. Rohinton Fali Nariman, JJ For the Petitioner : Mr. Yashank Adhyaru, Sr. Adv., Ms. Sunita Rani Singh, Adv., Mr. Rupesh Kumar, Adv., Mr. Vikash Singh Jangara, Adv., Mr. Jitin Singhal, Adv. And Mr. B. Krishna Prasad,Adv. For the Respondent : Mr. M.P. Vinod, Adv., M .....

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le to Central Excise Tariff Act, 1985. The said product was marketed in individual unit container under the brand name 'SUMERU'. Department's case is that the items in question are chargeable to duty under Chapter 16 of the Central Excise Tariff Act, 1985. On the basis of the intelligence that the respondent herein had indulged in evasion of Central Excise duty by manufacturing and clearing excisable goods without payment of duty, the officers searched the manufacturing premises of t .....

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