VidhiSangh

Supreme Court of India · 13/04/2018

COMMISSIONER OF CENTRAL EXCISE versus MADHAN AGRO INDUSTRIES (I) PVT. LTD.

[2018] 6 S.C.R. 387 · 2018 INSC 333

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Summary

The two Judges differed on whether coconut oil in small retail packs, for the post-28 February 2005 tariff period, fell under heading 1513 as coconut oil or heading 3305 as a hair preparation. Gogoi J. favoured heading 1513 and dismissal of the Revenue’s appeals; Banumathi J. favoured heading 3305 and allowing them. Their disagreement covered the amended tariff notes, HSN explanatory material, market understanding and merger. The operative order directed placement before the Chief Justice for appropriate orders.

Issues

  1. Whether the coconut oil in small packs was classifiable under heading 1513 or 3305 after the tariff amendment.
  2. How the amended chapter and section notes, HSN explanatory material and common-parlance evidence should apply.
  3. What effect followed from the earlier non-speaking dismissal of Revenue appeals.

Provisions considered

Held

Result

Difference of opinion; Registry directed to place the appeals before the Chief Justice of India for appropriate orders. No common final determination of the disputed classification or disposal of the Revenue appeals.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 387.