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october 1969

Supreme Court of India · 1969-10-15

CANNANORE SPINNING AND WEAVING MILLS LTD. vs COLLECTOR OF CUSTOMS AND CENTRAL EXCISECOCHIN AND ORS.

Citation / case number
SC 1966/60023
Court
Supreme Court of India
Petitioner
CANNANORE SPINNING AND WEAVING MILLS LTD.
Respondent
COLLECTOR OF CUSTOMS AND CENTRAL EXCISECOCHIN AND ORS.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that the retrospective notification defining 'hank' under the Central Excise & Salt Act, 1944, was invalid as the rule-making authority lacked the power to enact rules with retrospective effect. The Court clarified that 'hank' in commercial terms refers to a specific length of cotton yarn, and the retrospective explanation contradicted the original intent of the June 1962 notification. Consequently, the demand for excise duty against the appellant was quashed, affirming the exemption for the cotton yarn produced.

CANNANORE SPINNING AND WEAVING MILLS LTD. vs COLLECTOR OF CUSTOMS AND CENTRAL EXCISECOCHIN AND ORS. · Niyam