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february 2005

Supreme Court of India · 2005-02-24

M/S. HINDUSTAN ZINC LTD. vs COMMNR. OF CENTRAL EXCISE, JAIPUR

Citation / case number
SC 2001/7241
Court
Supreme Court of India
Petitioner
M/S. HINDUSTAN ZINC LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, JAIPUR
Author
KAPADIA
Bench
S.N. VARIAVA,DR. AR. LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court addressed whether silver chloride, if declared 'excisable goods', qualifies for exemption under notification no.217/86-CE dated 2.4.1986. The Court held that since the department failed to prove the marketability of silver chloride produced by the assessee, the applicability of the exemption notification became academic for the relevant periods. The Court left open the possibility for future claims of exemption if marketability is established, disposing of the appeal with no order as to costs.

M/S. HINDUSTAN ZINC LTD. vs COMMNR. OF CENTRAL EXCISE, JAIPUR · Niyam