Supreme Court · 1988 INSC 250 · Decided 29 August 1988

Aditya Mills LTD. v. Union of India

Court
Supreme Court of India
Citation
1988 INSC 250 · [1988] SUPP. 2 S.C.R. 668
Case number
CIVIL APPEAL No. 2124/1984
Decided
29 August 1988
Bench
SABYASACHI MUKHERJI, S. RANGANATHAN (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Central Excises and Salt Act, 1944/Central Excise Rules, 1944: Schedule I Tariff Item ISE/Rule 173B-PPRF yarn-Levy of excise duty-Polyster spun yarn and Rayon filament yarn-Difference bet­ ween-'New commodity' distinct and separate coming into existence­ Necessity for it to be commercially context and the trade meaning-Trade mean­ ing always given preference. I) According to the appellant company, PPRF yarn consists of two varieties of yarn on which duty has already been paid, namely, two plies of polyster spun yarn (PP) and one ply of Rayon Filament Yarn (RF), which are doubled

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