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august 1997

Supreme Court of India · 1997-08-28

COLLECTOR OF CENTRAL EXCISE, PATNA vs USHA MARTIN INDUSTRIES

Citation / case number
SC 1989/72522
Court
Supreme Court of India
Petitioner
COLLECTOR OF CENTRAL EXCISE, PATNA
Respondent
USHA MARTIN INDUSTRIES
Author
THOMAS
Bench
SUHAS C. SEN,B. N. KIRPAL,K. T. THOMAS

Judgment text excerpt

The Supreme Court addressed the issue of excise duty exemption under the Central Excise and Salt Act, 1944, specifically examining whether commodities made from raw materials on which no excise duty was paid could claim such exemptions. The Court upheld the Tribunal's interpretation that the phrase 'on which appropriate amount of duty has been paid' in the relevant notifications allows for exemption even if the raw materials were exempt from duty. Consequently, the appeals filed by the Revenue were dismissed, affirming the Tribunal's decisions in favor of the manufacturers.

COLLECTOR OF CENTRAL EXCISE, PATNA vs USHA MARTIN INDUSTRIES · Niyam