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february 1962

Supreme Court of India · 1962-02-28

ORIENT WEAVING MILLS (P) LTD vs THE UNION OF INDIA

Citation / case number
SC 1961/96
Court
Supreme Court of India
Petitioner
ORIENT WEAVING MILLS (P) LTD
Respondent
THE UNION OF INDIA
Author
SINHA, BHUVNESHWAR P.(),KAPURL.,HIDAYATULLAH, M.,SHAHC.,MUDHOLKARR.
Bench
SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,HIDAYATULLAH, M.,SHAH, J.C.,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Rule 8(1) of the Central Excise Rules, 1944, and the notifications exempting certain cotton fabrics produced by co-operative societies from excise duty. The Court ruled that the power to grant exemptions under Section 37(2)(xvii) of the Central Excises and Salt Act, 1944, does not violate Articles 14, 19(1)(f), and (g) of the Constitution, as the State has the authority to classify goods for taxation purposes. The petitioners' challenge was dismissed, affirming that the exemptions were within the legal framework established by the Act and Rules.

ORIENT WEAVING MILLS (P) LTD vs THE UNION OF INDIA · Niyam