S.N.VARIAVA, ARIJIT PASAYAT
ITC LTD. – Appellant
Versus
COLLECTOR OF CENTRAL EXCISE, MADRAS – Respondent
ORDER
1. This appeal is against the order of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (hereinafter referred to as "CEGAT") dated 1-8-1997. The appellants buy duty-paid aluminium foil, subject the same to process of printing. The printed sheets are then moved to a die-cutting machine where they are perforated and cut to shape of a blade tuck. The scrap material is stripped off from the sheets and the shaped pieces are packed into containers. The question for consideration is whether the a shaped pieces fall under Tariff Item 7607.30 or under Tariff ltem 7616.90. The relevant tariff entries read as follows:
76.07
Aluminium foil (weather or not prited or
backed with paper, paperboard materials)
of a similar backinkg materials) if a thickness (excluding Any backing) not exceeding 0.2
7607.10-plain 50% plus per 4000 tonne
7607.20-Embossed50% plus per 4000 tonne
7607.30- Perforated or cut-to-shape 50% plus per 4000 tonne
7607.40- Coated 50% plus per 4000 tonne
7607.50- Printed50% plus per 4000 tonne
7607.60- Backed50% plus per 4000 tonne
76.15-Other articles of aluminium
7616.10-Nails,tacks,stapes (other than those20%
of Heading 83.05),rivets,cotters,
washers and articl
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