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august 1975

Supreme Court of India · 1975-08-22

ALUMINIUM CORPORATION OF INDIA LTD. vs UNION OF INDIA & ORS.

Citation / case number
SC 1968/60279
Court
Supreme Court of India
Petitioner
ALUMINIUM CORPORATION OF INDIA LTD.
Respondent
UNION OF INDIA & ORS.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court interpreted Rule 8(1) of the Central Excise Rules, 1944, and the Finance Act, 1960, regarding the excise duty on aluminium products. The Court held that the exemption applies even when the final products are manufactured using both duty-paid and non-duty-paid aluminium, emphasizing that the spirit of the notification allows for a reduction in duty on the final product. The Court criticized the misunderstanding of the notification's intent and urged for clearer legislative drafting and fair construction by tax authorities.

ALUMINIUM CORPORATION OF INDIA LTD. vs UNION OF INDIA & ORS. · Niyam