Supreme Court of India

M/s. O.K. Play (india) Ltd. v. Commissioner of Central Excise, Delhi-iii, Gurgaon

Neutral citation
Reported as [2005] 1 S.C.R. 1069
Bench S.N. Varia Va, Dr. Ar. Lakshmanan and S.H. Kapadia JJ.
Decided 3 February 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We hold that the Adjudicating Authority was right in classifying "Play Pool" under Tariff Heading 39.

Judgment, page 12

From the headnote

Central Excise Tariff Act, 1985 : Excise goods--Classificalion of-Tests to determine-Discussed Tariff Heading 94.01 and 94.03-Play table, tables, activity desks and chairs-Classification of-Held: Even though 'toys' are meant for exclusive c use of children it cannot be placed in the category of 'toys '-HSN heading and explanatory notes thereto shows that 'toys' are miniature reproduction of articles used by adults like furniture, musical instruments-Hence, classifiable as furniture' under Tariff Heading 94.01194.03. Tariff Heading 95.03-Swings, Slides, Fun Fliers and Rockers­ Classification

Where later benches applied it

Of those, 1 relied on

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