Supreme Court of India · 2004-03-18
Hyderabad Polymers (P) Ltd. vs Commissioner Of C. Ex., Hyderabad
- Citation / case number
- AIRONLINE 2004 SC 83
- Court
- Supreme Court of India
- Petitioner
- Hyderabad Polymers (P) Ltd.
- Respondent
- Commissioner Of C. Ex., Hyderabad
- Bench
- S.N. Variava, H.K. Sema
Judgment text excerpt
The Supreme Court held that the Customs, Excise and Gold (Control) Appellate Tribunal erred in denying the Appellants the benefit of Notification No. 65/87-C.E. The Court established that the extended period of limitation under Section 11A of the Central Excise Act could not be invoked due to the prior issuance of a Show Cause Notice on the same issue, which had been dropped. The Court reversed the Tribunal's decision, affirming the Collector's finding that there was no suppression of facts.