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march 1993

Supreme Court of India · 1993-03-30

COLLECTOR OF CENTRAL EXCISE ETC. ETC. vs NEOLI SUGAR FACTORY ETC. ETC.

Citation / case number
SC 1984/68418
Court
Supreme Court of India
Petitioner
COLLECTOR OF CENTRAL EXCISE ETC. ETC.
Respondent
NEOLI SUGAR FACTORY ETC. ETC.
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court interpreted the Central Excise Rules, 1944, specifically Rule 8(1) and related Notifications, determining that sugar factories are not entitled to a rebate if they did not produce sugar during the base year, despite producing sugar in the current year. The Court held that the rebate is contingent upon excess production compared to the previous year's corresponding periods, and the absence of production in the base year disqualifies them from receiving the rebate. The appeals by the Revenue were allowed, affirming the denial of rebate to the sugar factories.

COLLECTOR OF CENTRAL EXCISE ETC. ETC. vs NEOLI SUGAR FACTORY ETC. ETC. · Niyam