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november 2001

Supreme Court of India · 2001-11-22

Collector Of C. Ex., Ahmedabad vs Cadila Laboratories (P) Ltd.

Citation / case number
AIRONLINE 2001 SC 233
Court
Supreme Court of India
Petitioner
Collector Of C. Ex., Ahmedabad
Respondent
Cadila Laboratories (P) Ltd.
Bench
B.N. Kirpal, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the respondents were not entitled to exemption under Notification No. 144/65-C.E. as they failed to follow the mandatory procedure outlined in Rule 56A of the Central Excise Rules, 1944. The Court emphasized that compliance with procedural requirements is a pre-condition for claiming exemptions under the Customs Tariff Act, 1975. Consequently, the Tribunal's decision granting the exemption was set aside, and the appeal was allowed in favor of the appellants.

Collector Of C. Ex., Ahmedabad vs Cadila Laboratories (P) Ltd. · Niyam