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.