https://www.taxtmi.com/caselaws?id=36046 Excise duty fully exempt under a valid notification cannot be treated as duty payable for computing a tax credit certificate under section 280ZD, because entitlement depends on duty actually payable on the excess clearance. The assessee was therefore not entitled to claim credit on the exempt duty component. For classification, goods must be assessed by their commercial identity, not merely by end use. Wrapper paper was properly treated as a separate variety, but the further segregation of newsprint into categories sold to newspapers and to others required fresh consideration on the correct commercial test. The writ petition succeeded only in part, and the matter was remanded for reconsideration of newsprint classification. en-us Thu, 31 Jul 1980 00:00:00 +0530 Fri, 19 Mar 2010 10:50:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=36046 Excise duty fully exempt under a valid notification cannot be treated as duty payable for computing a tax credit certificate under section 280ZD, because entitlement depends on duty actually payable on the excess clearance. The assessee was therefore not entitled to claim credit on the exempt duty component. For classification, goods must be assessed by their commercial identity, not merely by end use. Wrapper paper was properly treated as a separate variety, but the further segregation of newsprint into categories sold to newspapers and to others required fresh consideration on the correct commercial test. The writ petition succeeded only in part, and the matter was remanded for reconsideration of newsprint classification. Case-Laws Income Tax Thu, 31 Jul 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=36046