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.