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october 2003

Supreme Court of India · 2003-10-15

Coaltar Chemicals Manufacturing Co. vs Union Of India (Uoi)

Citation / case number
AIR 2004 SUPREME COURT 4928
Court
Supreme Court of India
Petitioner
Coaltar Chemicals Manufacturing Co.
Respondent
Union Of India (Uoi)
Bench
S. Rajendra Babu, G.P. Mathur

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 11A of the Central Excise Act, clarifying that the mere inaction or failure of a manufacturer does not automatically invoke the enlarged period of limitation unless there is deliberate withholding of information. The Court distinguished the case from Collector of Central Excise, Hyderabad v. M/s. Chemphar Drugs and Liniments, emphasizing that each case requires factual determination regarding the manufacturer's conduct. Consequently, the Court upheld the Tribunal's decision and dismissed the appeal.

Coaltar Chemicals Manufacturing Co. vs Union Of India (Uoi) · Niyam