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december 2001

Supreme Court of India · 2001-12-12

Collector Of Central Excise, Vadodra vs Dhiren Chemical Industries

Court
Supreme Court of India
Petitioner
Collector Of Central Excise, Vadodra
Respondent
Dhiren Chemical Industries
Author
S.P.Bharucha
Bench
S.P.Bharucha, S.S.M.Quadri, U.C.Banerjee, S.N.Variava, S.V.Patil

Judgment text excerpt

The Supreme Court referred the interpretation of the phrase 'on which the appropriate amount of duty of excise has already been paid' in the context of exemption notifications under the Central Excise Rules, 1944. The Court held that the term 'appropriate' should not be sidelined and that the exemption aims to prevent double duty on raw materials and their products. The Court upheld the assessee's contention that nil duty on input materials does not exclude entitlement to the exemption, thus resolving the conflict between previous judgments in Collector of Central Excise, Patna vs. Usha Martin Industries and Motiram Tolaram & Anr. vs. Union of India.

Collector Of Central Excise, Vadodra vs Dhiren Chemical Industries · Niyam