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2015 (12) TMI 741 - SUPREME COURT

2015 (12) TMI 741 - SUPREME COURT - 2015 (326) E.L.T. 232 (SC) - Classification of Vacuum Brake Hose Pipe - Classification under Tariff Heading 4009.92 or under Tariff Heading 4009.99 - Bar of limitation - Held that:- view taken by the High Court is unsustainable on two grounds. In the first instance, writ petition itself was not maintainable when there was alternate remedy available to the assessee under the provisions of the Central Excise Tariff Act and the assessee should have exhausted thos .....

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notice is concerned and could not have been binding precedent for future period. - Impugned order is unsustainable - Decided in favour of Revenue. - Civil Appeal No(s). 1644/2008 With C.A. No. 1645/2008 - Dated:- 20-11-2015 - MR. A.K. SIKRI AND MR. ROHINTON FALI NARIMAN, JJ For the Petitioner : Mr. K. Radhakrishna, Sr. Adv., Mr. Rupesh Kumar, Adv., Mr. M. Rambabu, Adv., Mr. Shankar Divate, Adv., Mr. Jitin Singhal, Adv., Mr. Pratik Raoka, Adv. And Mr. B. Krishna Prasad,Adv. For the Respondent : M .....

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ing Authority had classified the goods under Tariff Heading 4009.92. The assessees filed appeal thereagainst before the Collector (Appeals) which was allowed and the plea of the assessee that the goods were to be classified under Tariff Heading 4009.99 was accepted. The Department did not accept the aforesaid decision and filed further appeal before the Tribunal. This appeal was, however, dismissed on 12.01.1990 only on the ground that the same is time barred and there was no sufficient cause to .....

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