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october 2003

Supreme Court of India · 2003-10-29

UNION OF INDIA vs AHMEDABAD ELECTRICITY CO.LTD. .

Citation / case number
SC 2000/18240
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
AHMEDABAD ELECTRICITY CO.LTD. .
Author
ARUN KUMAR RUMA PAL
Bench
ARUN KUMAR RUMA PAL

Judgment text excerpt

The Supreme Court addressed the issue of whether 'cinder' is subject to excise duty under the Central Excise Tariff Act. The Court held that 'cinder' does not fall under the entries listed in the First Schedule, specifically under Entry No. 26.21, which pertains to 'Other slag and ash.' The Court concluded that since 'cinder' is not explicitly mentioned as an excisable good, it cannot be subjected to excise duty, thereby ruling in favor of the respondents and dismissing the Revenue's claims under Section 3 of the Central Excise and Salt Act.

UNION OF INDIA vs AHMEDABAD ELECTRICITY CO.LTD. . · Niyam