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october 2005

Supreme Court of India · 2005-10-03

The Commissioner Of Central Excise,New ... vs M/S Hari Chand Shri Gopal Etc

Citation / case number
AIR 2005 SUPREME COURT 3585
Court
Supreme Court of India
Petitioner
The Commissioner Of Central Excise,New ...
Respondent
M/S Hari Chand Shri Gopal Etc
Bench
S.N. Variava, Ar. Lakshmanan, S.H. Kapadia

Judgment text excerpt

The Supreme Court ruled that the assessees, despite not fully adhering to Chapter X procedures under the Central Excise Rules, 1944, are entitled to the benefits of notification no.121/94-CE dated 11.8.1994, as they demonstrated the intended use of the material through other evidence. The Court upheld the tribunal's decision, which relied on precedents including Thermax Private Ltd. and Collector of Central Excise, Jaipur v. J.K. Synthetics, confirming that substantial compliance with the exemption notification was sufficient. The appeals by the department were dismissed, affirming the tribunal's findings.

The Commissioner Of Central Excise,New ... vs M/S Hari Chand Shri Gopal Etc · Niyam