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october 1987

Supreme Court of India · 1987-10-30

J.K. COTTON SPINNING AND WEAVING MILLS LTD. & ANR. vs UNION OF INDIA & ORS.

Citation / case number
SC 1987/71018
Court
Supreme Court of India
Petitioner
J.K. COTTON SPINNING AND WEAVING MILLS LTD. & ANR.
Respondent
UNION OF INDIA & ORS.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court upheld the validity of the amendments to rules 9 and 49 of the Central Excise Rules, 1944, as well as Section 51 of the Finance Act, 1982, which provided for retrospective effect from February 28, 1944. The Court ruled that the amendments were legal and valid, and clarified that the yarn produced at an intermediate stage in the manufacturing process is liable for excise duty under the amended rules, while sized yarn used in the integrated process would not attract additional duty. The appeal by J.K. Cotton Spinning and Weaving Mills Limited was dismissed, affirming the High Court's partial allowance of the writ petition.

J.K. COTTON SPINNING AND WEAVING MILLS LTD. & ANR. vs UNION OF INDIA & ORS. · Niyam