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august 1989

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.

PADMINI PRODUCTS vs COLLECTOR OF CENTRAL EXCISE, BANGALORE · Niyam