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october 2003

Supreme Court of India · 2003-10-16

Arca Controls Pvt. Ltd. vs Commissioner Of Central Excise

Citation / case number
AIR 2004 SUPREME COURT 4929
Court
Supreme Court of India
Petitioner
Arca Controls Pvt. Ltd.
Respondent
Commissioner Of Central Excise
Bench
S. Rajendra Babu, G.P. Mathur

Judgment text excerpt

The Supreme Court found that the Tribunal erred in clubbing the clearances of seven companies—JNM, SPIREX, CAMBRIDGE, JNMSS, KROHNE, FORBESONS, and ARCA—due to their interlinked operations and financial flows, which were intended to exploit exemptions under the Central Excise Act. The Court noted that previous circulars from the Central Board of Excise & Customs regarding the treatment of limited companies as separate entities for exemption purposes were not considered by the Tribunal. Consequently, the Court set aside the Tribunal's order and remitted the matter for fresh consideration, allowing the appeals.

Arca Controls Pvt. Ltd. vs Commissioner Of Central Excise · Niyam