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august 1980

Supreme Court of India · 1980-08-26

UNION OF INDIA & ORS. vs RAMACHANDRA SAMBHAJI KANDEKAR ETC.

Citation / case number
SC 1970/60095
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ORS.
Respondent
RAMACHANDRA SAMBHAJI KANDEKAR ETC.
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court examined the interpretation of Rule 8(1) of the Central Excise Rules, 1944, specifically regarding the exemptions for cotton fabrics. The Court held that the second proviso to Item 7, which exempts manufacturers with not more than four powerlooms working in one shift, is applicable unless the third proviso, which imposes a higher duty on those commencing production after April 1, 1961, applies. The Court ruled in favor of the respondents, affirming the High Court's decision that they were exempt from excise duty as they met the conditions of the second proviso.

UNION OF INDIA & ORS. vs RAMACHANDRA SAMBHAJI KANDEKAR ETC. · Niyam