M/S. METAGRAPHS PVT. LTD. versus COLLECTOR OF CENTRAL EXCISE, BOMBAY
Printed aluminium labels, because their function and value arises solely from the printing which communicates to the buyer, are products of the printing industry under Notification No. 55/75-CE dated 1.3.1975. Their classification depends on their nature and usage in trade; in this case, printing is primary, not incidental.
- Parties
- Appellant: MIS. METAGRAPHS PVT. LTD.; Respondent: Collector of Central Excise, Bombay
- Jurisdiction
- India
- Judgment Date
- 20 November 1996
- Procedural Posture
- Civil Appeal / Supreme Court Decision on Appeal From Customs, Excise and Gold (control) Appellate Tribunal
- Outcome
- Appeals allowed. Impugned orders of the Collector, Central Excise set aside.
- Legal Topics
- Exemption Notification, Classification of Goods, Products of Printing Industry
Case Brief
Summary, issues, holding and outcome
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Parties
MIS. METAGRAPHS PVT. LTD.
Appellant
Collector of Central Excise, Bombay
Respondent
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Customs, Excise and Gold (control) Appellate Tribunal
Legal Issues
- 1 Whether printed aluminium labels manufactured by appellant are products of the printing industry within Exemption Notification No. 55/75-CE dated 1.3.1975
Ratio Decidendi
Printed aluminium labels, because their function and value arises solely from the printing which communicates to the buyer, are products of the printing industry under Notification No. 55/75-CE dated 1.3.1975. Their classification depends on their nature and usage in trade; in this case, printing is primary, not incidental.
Court Disposition
Appeals allowed. Impugned orders of the Collector, Central Excise set aside.
Orders
- Appellant entitled to claim exemption on the labels under Notification No. 55/75-CE dated 1.3.1975.
- No order as to costs.
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