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april 1999

Supreme Court of India · 1999-04-13

LAL WOOLLEN AND SILK MILLS (P) LTD. vs THE COLLECTOR OF CENTRAL EXCISE

Citation / case number
SC 1986/67227
Court
Supreme Court of India
Petitioner
LAL WOOLLEN AND SILK MILLS (P) LTD.
Respondent
THE COLLECTOR OF CENTRAL EXCISE
Author
R.P.SETHI A.P.MISRA
Bench
R.P.SETHI A.P.MISRA

Judgment text excerpt

The Supreme Court held that the assessee is liable to pay excise duty on dyed worsted woollen yarn despite having paid duty on grey yarn, as both are distinct goods under separate tariff items. The Court ruled that the assessee is not entitled to a set-off under Rule 56A of the Central Excise Rules since he failed to follow the required procedure for proforma credit as outlined in sub-rule (2). The appeal was dismissed, affirming the lower authorities' decisions regarding the duty demand.

LAL WOOLLEN AND SILK MILLS (P) LTD. vs THE COLLECTOR OF CENTRAL EXCISE · Niyam