Supreme Court · 1997 INSC 187 · Decided 24 February 1997

Goodyear India LTD. ETC. v. Union of India and Others

Court
Supreme Court of India
Citation
1997 INSC 187 · [1997] 2 S.C.R. 445
Case number
CIVIL APPEAL No. 640/1979
Decided
24 February 1997
Bench
A.M. AHMADI, SUJATA V. MANOHAR, K.T. THOMAS (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution

Headnote

Central Excises and Salt Act, 1944-Section 36(2)-ltems 16(3) and 34 A B of the Central Excise Tariff-Whether tyres of the size 1800 and above manufactured for fitment to heavy moving vehicles are exigible to excise duty C as "tyres for motor vehicles"-Held : such tyres meant for heavy of "motor vehicle" as per item 34 of the Central Excise Tariff-Covered by item 16(3) "all other tyres"-Not exigible to excise duty as "tyres for motor vehicles" Claim for lower rates of duty upheld-However, the question of entitlement to refund directed to be

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