M/S.SIV INDUSTRIES LTD. vs COMMNR.OF CENTRAL EXCISE & CUSTOMS

The Supreme Court upheld the Tribunal's decision that Central Excise duty is payable under Section 3(1) of the Central Excise and Salt Act, 1944, rather than under the proviso to Section 3(1). The Court clarified that the provisions of the 100% Export Oriented Unit Scheme must be adhered to, and the duty is determined based on the customs duties applicable to similar goods imported into India. The appeal was dismissed, affirming the Tribunal's ruling in favor of the respondent.