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december 1997

Supreme Court of India · 1997-12-11

SIRPUR PAPER MILLS LTD. vs THE COLLECTOR OF CENTRAL EXCISE, HYDERABAD

Citation / case number
SC 1988/70886
Court
Supreme Court of India
Petitioner
SIRPUR PAPER MILLS LTD.
Respondent
THE COLLECTOR OF CENTRAL EXCISE, HYDERABAD
Author
K.T. THOMAS SUHAS C. SEN
Bench
K.T. THOMAS SUHAS C. SEN

Judgment text excerpt

The Supreme Court ruled that the excise duty on the paper making machine was correctly imposed, as the machine, despite being attached to the ground for operational efficiency, was deemed movable and marketable under Section 3 of the Central Excise Act. The Court upheld the Tribunal's finding that the machine could be dismantled and sold in parts, thus not qualifying as immovable property. The Court concluded that the nature of the machine did not exempt it from excise duty, affirming the Tribunal's decision.

SIRPUR PAPER MILLS LTD. vs THE COLLECTOR OF CENTRAL EXCISE, HYDERABAD · Niyam