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august 1997

Supreme Court of India · 1997-08-27

M/S. EASTERN DIECASTING INDUSTRY PVT. LTD. vs THE COLLECTOR OF CENTRAL EXCISE, CALCUTTA

Citation / case number
SC 1990/77078
Court
Supreme Court of India
Petitioner
M/S. EASTERN DIECASTING INDUSTRY PVT. LTD.
Respondent
THE COLLECTOR OF CENTRAL EXCISE, CALCUTTA
Author
K. T. THOMAS SUHAS C. SEN
Bench
K. T. THOMAS SUHAS C. SEN

Judgment text excerpt

The Supreme Court addressed the issue of Central Excise duty liability under Notification No. 89/79 and Notification No. 105/80, determining that the appellant-company's clearances exceeded the exemption limit of Rs. 30 lakhs in the financial year 1981-82, thus necessitating duty payment on the excess. The Court upheld the Tribunal's decision to reduce the penalty imposed under Rule 1730 of the Central Excise Rules, 1944, from Rs. 1 lakh to Rs. 25,000, while also directing a verification of the raw material value computation. The judgment clarified the application of excise duty exemptions and penalties in cases of manufacturing and supply to the railways.

M/S. EASTERN DIECASTING INDUSTRY PVT. LTD. vs THE COLLECTOR OF CENTRAL EXCISE, CALCUTTA · Niyam