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august 2004

Supreme Court of India · 2004-08-10

M/S Nahar Industrial Enterprises Ltd. ... vs Union Of India And Ors

Citation / case number
AIRONLINE 2004 SC 675
Court
Supreme Court of India
Petitioner
M/S Nahar Industrial Enterprises Ltd. ...
Respondent
Union Of India And Ors
Author
Arijit Pasayat
Bench
S.N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the legality of the Central Board of Excise and Customs' Circular dated 19.10.2000, which stated that Additional Excise Duty (AED) under the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 is applicable to yarns manufactured by 100% Export Oriented Undertakings (EOUs) when cleared into the Domestic Tariff Area (DTA). The Court held that the introduction of the phrase 'or under any other law for the time being in force' in the relevant notifications did not negate the exemptions provided under Notification No. 55/91-CE. Consequently, the appeals were allowed, overturning the High Court's dismissal of the writ petitions that challenged the Board's circular.

M/S Nahar Industrial Enterprises Ltd. ... vs Union Of India And Ors · Niyam