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february 2003

Supreme Court of India · 2003-02-26

M/S. AMCO BATTERIES LTD., BANGALORE vs COMMNR. OF CENTRAL EXCISE, BANGALORE

Citation / case number
SC 1999/13844
Court
Supreme Court of India
Petitioner
M/S. AMCO BATTERIES LTD., BANGALORE
Respondent
COMMNR. OF CENTRAL EXCISE, BANGALORE
Author
Shah
Bench
D. M. DHARMADHIKARI M.B. SHAH

Judgment text excerpt

The Supreme Court addressed the complexities in taxation law, particularly regarding the excise duty on waste and scrap in the manufacturing of lead acid batteries under the Central Excise and Salt Act, 1944. The Court emphasized that confusion arises from frequent amendments and notifications, which complicate the determination of fraud or concealment of facts. The Court held that the appellant was not liable for excise duty on scrap sent to job workers for conversion into ingots, as the relevant exemptions under Notification 37/81-CE and Notification 186/84-CE applied, thereby overturning the penalty imposed by the lower authorities.

M/S. AMCO BATTERIES LTD., BANGALORE vs COMMNR. OF CENTRAL EXCISE, BANGALORE · Niyam