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august 2004

Supreme Court of India · 2004-08-10

M/S. NAHAR INDL.ENTERPRISES LTD. vs UNION OF INDIA .

Citation / case number
SC 2001/20552
Court
Supreme Court of India
Petitioner
M/S. NAHAR INDL.ENTERPRISES LTD.
Respondent
UNION OF INDIA .
Author
ARIJIT PASAYAT S.N. VARIAVA
Bench
ARIJIT PASAYAT S.N. VARIAVA

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) and 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 does not negate the exemptions previously granted under Notification No.55/91-CE. Consequently, the appeals were allowed, overturning the High Court's dismissal of the writ petitions.

M/S. NAHAR INDL.ENTERPRISES LTD. vs UNION OF INDIA . · Niyam