Supreme Court · 2004 INSC 397 · Decided 21 July 2004

Collector of Central Excise, Calcutta v. M/S Alnoori Tobacco Products and ANR.

Court
Supreme Court of India
Citation
2004 INSC 397 · [2004] SUPP. 3 S.C.R. 109
Case number
CIVIL APPEAL No. 4502/1998
Decided
21 July 2004
Bench
S.N. VARIAVA, ARIJIT PASAYAT (2-judge bench)
Outcome
Disposed off
Case type
Civil

Headnote

B Central Excise Tariff Act, 1985. S.35(F), Schedule-Tariff Sub-heading 2404.90-Tobacco powder/ dust obtained by crushing unmanufactured tobacco leaves-Classified C under Sub-heading 2404.90 and demand raised-Collector (Appeals) confirming the demand and dismissing appeals for non-compliance of allowing the appeal on merits-Held, judgment of Tribunal is unsustainable. Precedent-Reliance on decisions-Held, court should not place reliance on decisions without discussing their factual situations. Judgments-Construing of-Held, judgments of courts are not to be construed as statutes. D E

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