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may 1988

Supreme Court of India · 1988-05-03

UNION OF INDIA & ORS. vs MADHUMILAN SYNTEX PVT. LTD. & ANR.

Citation / case number
SC 1986/69709
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ORS.
Respondent
MADHUMILAN SYNTEX PVT. LTD. & ANR.
Author
M.H. KANIA
Bench
M.H. KANIA

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the demand for short payment of excise duty under Section 11-A of the Central Excises and Salt Act, 1944, was valid only from 7th February 1984 onwards, and not retrospectively from 15th August 1983 to 6th February 1984. The Court clarified that the classification of spun yarn containing non-cellulosic fibres falls under Item No. 18(III)(ii) if it meets specific criteria. The appeal by the Union of India and others was dismissed, affirming the High Court's ruling on the validity of the show-cause notice.

UNION OF INDIA & ORS. vs MADHUMILAN SYNTEX PVT. LTD. & ANR. · Niyam