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august 1988

Supreme Court of India · 1988-08-29

ADlTYA MILLS LTD. vs UNION OF INDIA

Citation / case number
SC 1984/68311
Court
Supreme Court of India
Petitioner
ADlTYA MILLS LTD.
Respondent
UNION OF INDIA
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court upheld the decision of the Central Excise & Gold Control Appellate Tribunal, affirming that PPRF yarn is taxable under Tariff Item 68 of the Central Excises and Salt Act, 1944. The Court clarified that excise duty is levied on the manufacture of goods, and a new commodity must be commercially known and distinct for it to be considered manufactured. The appellant's claim for refund was rejected as the Tribunal found no basis for treating PPRF yarn as a separate commodity exempt from duty under the relevant tariff item.

ADlTYA MILLS LTD. vs UNION OF INDIA · Niyam