COMMNR. OF CENTRAL EXCISE, MUMBAI vs M/S. JOSTS ENGINEERING CO.LTD. — C.A. No. 2747 - 2748/1998
Case under Section III. Status: Disposed.
CNR: SCIN010054251998
Filing Date
31-Mar-1998
Registration No
C.A. No. 2747 - 2748/1998
Diary Number
5425/1998
Order Date
27-Aug-2002
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 02-Jun-2026
Acts & Sections
Petitioner(s)
-
1.COMMNR. OF CENTRAL EXCISE, MUMBAI
Adv. B. KRISHNA PRASAD
Respondent(s)
-
1.M/S. JOSTS ENGINEERING CO.LTD.
Adv. RAJAN NARAIN
Case History
Case Summary: C.A. No. 002747-002748/1998 The Supreme Court dismissed the Commissioner of Central Excise's appeals challenging whether "spray paint booths" qualify as excisable goods under Entry 8424.00 of the Central Excise Tariff Act, 1985. The Court held that spray paint booths fail the mobility test for excisable goods since their structural portions are embedded in the earth and cannot be dismantled without damage, making them immovable property rather than excisable goods. The decision was upheld based on the Triveni Engineering precedent and the Central Board of Excise & Customs guidelines issued in January 2002, with no costs awarded. This case analysis is maintained by casestatus.in based on publicly available court records.
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