The SC adjudicated a dispute regarding duty demand based on ...

Supreme Court Strikes Down Duty Demand on Chemical Reclassification Due to Procedural Flaws in Sampling and Assessment

April 30, 2025

Case Laws Central Excise SC

The SC adjudicated a dispute regarding duty demand based on re-classification of Benzene and Toluene from chapter 29 to chapter 27. The court found the re-classification invalid due to procedural irregularities, including belated sampling, non-disclosure of complete test reports, and absence of a proper provisional assessment order under Rule 9B. The court emphasized that Rule 56 requires proper communication of test results and opportunity for re-testing. Without an explicit order under Rule 9B and proper bond execution, the assessments could not be deemed provisional. Consequently, the SC allowed the appeal, invalidating the department's duty demand and re-classification, thereby protecting the appellant's original classification and assessment.

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The SC adjudicated a dispute regarding duty demand based on ...

Supreme Court Strikes Down Duty Demand on Chemical Reclassification Due to Procedural Flaws in Sampling and Assessment

April 30, 2025

Case Laws Central Excise SC

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