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january 1991

Supreme Court of India · 1991-01-25

ASSISTANT COLLECTOR OF CENTRAL EXCISE, GUNTUR vs RAMDEV TOBACCO COMPANY

Citation / case number
SC 1978/90400
Court
Supreme Court of India
Petitioner
ASSISTANT COLLECTOR OF CENTRAL EXCISE, GUNTUR
Respondent
RAMDEV TOBACCO COMPANY
Author
A.M. AHMADI
Bench
A.M. AHMADI

Judgment text excerpt

The Supreme Court held that the expression 'other legal proceeding' in Section 40(2) of the Central Excises and Salt Act, 1944, must be interpreted ejusdem generis with the preceding terms 'suit' and 'prosecution', which refer to judicial proceedings in a court of law. The Court clarified that penalty and adjudication proceedings initiated by the Revenue do not fall under this definition and are not subject to the six-month limitation period. Consequently, the Court allowed the appeal of the Revenue, overturning the High Court's decision that deemed the action time-barred.

ASSISTANT COLLECTOR OF CENTRAL EXCISE, GUNTUR vs RAMDEV TOBACCO COMPANY · Niyam