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april 2002

Supreme Court of India · 2002-04-11

Asian Paints (India) Ltd. vs Collector Of Central Excise, Bombay

Citation / case number
AIRONLINE 2002 SC 879
Court
Supreme Court of India
Petitioner
Asian Paints (India) Ltd.
Respondent
Collector Of Central Excise, Bombay
Bench
S.P. Bharucha, N. Santosh Hegde, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court upheld the judgments of the Customs, Excise and Gold (Control) Appellate Tribunal, affirming that Sections 35E and 11A of the Central Excise Act operate in distinct contexts and serve different purposes, thus allowing for recovery of excise duty even if the time limit under Section 11A has expired. The Court clarified that interpreting these provisions otherwise would undermine the effectiveness of Section 35E. Consequently, the appeals were dismissed with costs.

Asian Paints (India) Ltd. vs Collector Of Central Excise, Bombay · Niyam