Supreme Court of India · 1989-08-18
PADMINI PRODUCTS vs COLLECTOR OF CENTRAL EXCISE, BANGALORE
- Citation / case number
- SC 1988/70907
- Court
- Supreme Court of India
- Petitioner
- PADMINI PRODUCTS
- Respondent
- COLLECTOR OF CENTRAL EXCISE, BANGALORE
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that under Section 11A of the Central Excises and Salt Act, 1944, the failure to pay excise duty or take out a license does not automatically imply fraud or collusion. The Court affirmed the Tribunal's finding that agarbaties were not classified as handicrafts, thus upholding the demand for excise duty for five years prior to the notice. The appeal was partly allowed, remanding the case for modification of the demand based on the established legal principles.