Collector Of Central Excise Etc vs The Himalayan Cooperative Milk Product ...

The Supreme Court interpreted Notification No. 105/80-C.E. under Rule 8 of the Central Excise Rules, 1944, which exempts excise duty on goods under Item No. 68, contingent upon capital investment not exceeding ten lakhs. The Court held that the relevant capital investment for exemption should only consider the plant manufacturing liquid nitrogen, not the total investment across all products. The appeal was allowed, affirming the Tribunal's decision that the manufacturer-respondents were entitled to the exemption under the Notification.