Supreme Court of India · 2001-01-11
COLLECTOR OF CENTRAL EXCISE, BOMBAY vs M/S.SHALIMAR CHEMICAL INDUSTRIES PVT.LTD
- Citation / case number
- SC 1991/74634
- Court
- Supreme Court of India
- Petitioner
- COLLECTOR OF CENTRAL EXCISE, BOMBAY
- Respondent
- M/S.SHALIMAR CHEMICAL INDUSTRIES PVT.LTD
- Bench
- B.N. KIRPAL & RUMA PAL & BRIJESH KUMAR
Judgment text excerpt
The Supreme Court held that the exemption notification dated 1st March 1984 requires proof that goods like Benzene, Toluene, and Xylene are used for the intended purposes specified therein, as per the conditions laid out in the Central Excise Rules, 1944. The Court found that the respondent failed to produce the necessary User Certificate to substantiate their claim for exemption, thus overturning the Tribunal's decision that had granted the exemption based on a prior notification. The Court emphasized that the satisfaction of the Assistant Collector of Central Excise regarding intended use is a prerequisite for exemption under the notification.