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november 2001

Supreme Court of India · 2001-11-07

SRF LTD. vs ASST.COLLECTOR OF CENTRAL EXCISE,TRICHY

Citation / case number
SC 1996/77275
Court
Supreme Court of India
Petitioner
SRF LTD.
Respondent
ASST.COLLECTOR OF CENTRAL EXCISE,TRICHY
Bench
CJI, Y.K. SABHARWAL & BRIJESH KUMAR

Judgment text excerpt

The Supreme Court addressed the issue of whether Resorcinol Formaldehyde solution (RF solution) qualifies as 'goods' under Section 3 of the Central Excise and Salt Act, 1944. The Court upheld the Tribunal's decision that no excise duty was leviable on RF solutions, thus entitling the appellant to a refund under Section 11-B. However, due to amendments in the Act, particularly Sections 12-B and 12-C, the Court ruled that the refund amount should be credited to the consumer welfare fund, as the appellant failed to prove that the duty was not passed on to customers.

SRF LTD. vs ASST.COLLECTOR OF CENTRAL EXCISE,TRICHY · Niyam