Supreme Court of India · 1996-12-20
M/S J.K. SYNTHETICS LIMITED vs UNION OF INDIA AND ORS.
- Citation / case number
- SC 1989/72538
- Court
- Supreme Court of India
- Petitioner
- M/S J.K. SYNTHETICS LIMITED
- Respondent
- UNION OF INDIA AND ORS.
- Author
- S.P.BHARUCHA
- Bench
- S.C. SEN S.P. BHARUCHA
Judgment text excerpt
The Supreme Court examined the Central Excise Tariff Act, 1985, and the Central Duties of Excise (Retrospective Exemption) Act, 1986, determining that exemption notifications issued under Rule 8 of the Central Excise Rules ceased to have effect upon the Tariff Act's commencement on 28th February 1986. The Court held that notifications issued between 3rd March 1986 and 8th August 1986 would be deemed effective from 1st March 1986, thereby allowing for refunds of excise duties collected during the interim period. This ruling clarified the retrospective application of exemption notifications under Section 2 of the 1986 Act.