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december 1989

Supreme Court of India · 1989-12-07

COLLECTOR OF CENTRAL EXCISE, CHANDIGARH vs DECENT DYEING CO.

Citation / case number
SC 1986/69946
Court
Supreme Court of India
Petitioner
COLLECTOR OF CENTRAL EXCISE, CHANDIGARH
Respondent
DECENT DYEING CO.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 35L(b) of the Central Excises and Salt Act, 1944, the liability to pay excise duty lies with the manufacturer of the base yarn, not the processor. The Court dismissed the Revenue's appeal, affirming that the Respondent, Decent Dyeing Co., was correct in assuming that the duty on the base yarn had already been paid by the manufacturers. The Court emphasized that it is unreasonable to require purchasers to verify duty payment, as they lack the means to do so, thus reinforcing the principle that excise duty is primarily a manufacturer's responsibility.

COLLECTOR OF CENTRAL EXCISE, CHANDIGARH vs DECENT DYEING CO. · Niyam