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august 2004

Supreme Court of India · 2004-08-19

COMMISSIONER OF CENTRAL EXCISE,BOMBAY vs M/S.RELIANCE INDUSTRIES LTD.

Citation / case number
SC 1998/8928
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE,BOMBAY
Respondent
M/S.RELIANCE INDUSTRIES LTD.
Author
ARIJIT PASAYAT
Bench
S.N. VARIAVA & ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the CEGAT's decision quashing the Collector's order regarding the demand for Central Excise Duty under the Central Excise Act, 1944. The Court found that the demand was time-barred as the show-cause notice was issued beyond the limitation period without sufficient allegations of suppression or fraud as required under Section 11A of the Act. The Court emphasized that the burden of proof lies on the revenue to establish the applicability of the extended limitation period, which was not met in this case.

COMMISSIONER OF CENTRAL EXCISE,BOMBAY vs M/S.RELIANCE INDUSTRIES LTD. · Niyam