COMMNR. OF CENTRAL EXCISE, BHUBNESWAR vs M/S. PARADEEP PHOSPHATES LTD. — C.A. No. 2774/2001
Case under Section I-B. Status: Disposed.
CNR: SCIN010009292001
Filing Date
10-Jan-2001
Registration No
C.A. No. 2774/2001
Diary Number
929/2001
Order Date
18-Jul-2006
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 13-Jun-2026
Acts & Sections
Petitioner(s)
-
1.COMMNR. OF CENTRAL EXCISE, BHUBNESWAR
Adv. B. KRISHNA PRASAD
Respondent(s)
-
1.M/S. PARADEEP PHOSPHATES LTD.
Adv. RAMESHWAR PRASAD GOYAL
Case History
Case Summary The Supreme Court dismissed the Commissioner of Central Excise's appeal on 18 July 2006. The dispute concerned customs duty classification for a Mobile Continuous Ship Unloader imported by Paradeep Phosphates for its fertilizer plant—the company claimed duty under heading 98.01 (auxiliary equipment), while the excise authority argued for 8428.39. The Court agreed with the Tribunal's finding that the equipment qualified as auxiliary to the fertilizer plant under heading 98.01, and noted the government had already reimbursed 90% of customs duty paid, confirming the equipment's auxiliary status. Each party bears its own costs. This case analysis is maintained by casestatus.in based on publicly available court records.
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