Mahindra & Mahindra Ltd on Thursday said that it would take up the case regarding excise classification of its Commander vehicles with the Supreme Court. This move comes after the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) rejected the companys appeal.

If the company loses the case, it will have to make differential excise duty payment of Rs 216.03 crore and a penalty of Rs 88.08 in connection with the classification of Commander range of vehicles as 10-seater ones during the period between 1991 and 1996. The company is looking for a stay order from the Supreme Court.

When contacted, the company's spokesperson denied to comment on the issue and the classification it is asking for.

In a filing with the BSE, the company said the classification of the vehicle as claimed by the company was on an earlier occasion upheld by the CESTAT in favour of it against which the department had preferred an appeal to the Supreme Court.