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august 1986

Supreme Court of India · 1986-08-18

UNION OF INDIA & ORS. vs M/S MODI RUBBER LIMITED

Citation / case number
SC 1983/65963
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ORS.
Respondent
M/S MODI RUBBER LIMITED
Author
P.N. () BHAGWATI
Bench
P.N. (CJ) BHAGWATI

Judgment text excerpt

The Supreme Court held that the expression 'duty of excise' in Notifications issued under Section 8(1) of the Central Excise and Salt Act, 1944, is limited to the basic duty of excise and does not extend to special duties of excise levied under various Finance Acts. The Court clarified that the exemption granted by the Central Government can only pertain to duties payable under Section 3 of the Act. Consequently, the Delhi High Court's ruling in favor of the assessee was overturned, affirming that the Notification did not cover special duties of excise.

UNION OF INDIA & ORS. vs M/S MODI RUBBER LIMITED · Niyam