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september 1981

Supreme Court of India · 1981-09-03

AHURA CHEMICAL PRODUCTS PVT. LTD. vs UNION OF INDIA

Citation / case number
SC 1978/90444
Court
Supreme Court of India
Petitioner
AHURA CHEMICAL PRODUCTS PVT. LTD.
Respondent
UNION OF INDIA
Author
V. BALAKRISHNA ERADI
Bench
V. BALAKRISHNA ERADI

Judgment text excerpt

The Supreme Court held that the appellant company is entitled to the benefit of exemption from excise duty under the Notification dated January 20, 1968, as the organic surface active agents used in manufacturing emulsifiers were purchased from the open market after the specified date. The Court clarified that purchases from a manufacturer exempt from duty due to production without power are not equivalent to open market purchases. The ruling emphasized the interpretation of 'open market' in the context of the Central Excise and Salt Act, 1944, thereby allowing the appeal and reversing the lower authorities' decisions.

AHURA CHEMICAL PRODUCTS PVT. LTD. vs UNION OF INDIA · Niyam