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january 1989

Supreme Court of India · 1989-01-17

MAFATLAL FINE SPINNING & MFG. CO. LTD. vs COLLECTOR OF CENTRAL EXCISE, BOMBAY

Citation / case number
SC 1988/70909
Court
Supreme Court of India
Petitioner
MAFATLAL FINE SPINNING & MFG. CO. LTD.
Respondent
COLLECTOR OF CENTRAL EXCISE, BOMBAY
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court interpreted Rule 49A of the Central Excise Rules, 1944, which stipulates different interest rates on deferred excise duty based on whether cotton fabrics are cleared as 'grey' or 'after processing'. The Court held that processes like 'calendering' and 'shearing' do not change the nature of 'grey fabrics' to 'processed fabrics', thus maintaining the lower interest rate of 1.5% for the appellant. The judgment clarified that the determination of interest rates should focus on the nature of the processes rather than the time taken for clearance.

MAFATLAL FINE SPINNING & MFG. CO. LTD. vs COLLECTOR OF CENTRAL EXCISE, BOMBAY · Niyam