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february 2004

Supreme Court of India · 2004-02-11

Khaitan Electricals Ltd. vs Collector Of C. Ex., New Delhi

Citation / case number
2004(165)ELT134(SC)
Court
Supreme Court of India
Petitioner
Khaitan Electricals Ltd.
Respondent
Collector Of C. Ex., New Delhi
Bench
S. Rajendra Babu, G.P. Mathur

Judgment text excerpt

The Supreme Court addressed two key issues regarding excise duty under the Central Excises & Salt Act, 1944. Firstly, it upheld the inclusion of regulators in the assessable value of fans, referencing the precedent set in Jaya Engineering v. Government of India, 1997 (90) E.L.T. 19. Secondly, the Court found merit in the appellants' argument regarding the limitation period for the issuance of the show cause notice under Section 11A, remitting the matter to the Tribunal for further examination of the appellants' price lists and their implications. The appeal was partly allowed, focusing on the limitation and penalty aspects.

Khaitan Electricals Ltd. vs Collector Of C. Ex., New Delhi · Niyam