Supreme Court of India · 2005-10-03
COMMNR. OF CENTRAL EXCISE, NEW DELHI vs M/S. HARI CHAND SHRI GOPAL
- Citation / case number
- SC 2003/27683
- Court
- Supreme Court of India
- Petitioner
- COMMNR. OF CENTRAL EXCISE, NEW DELHI
- Respondent
- M/S. HARI CHAND SHRI GOPAL
- Author
- K. S. Panicker Radhakrishnan
- Bench
- S.H. KAPADIA,B. SUDERSHAN REDDY,K.S. PANICKER RADHAKRISHNAN,SURINDER SINGH NIJJAR,SWATANTER KUMAR
Judgment text excerpt
The Supreme Court addressed the eligibility of manufacturers for exemption from excise duty under Notification no. 121/94-CE, emphasizing strict compliance with the Central Excise Rules, 1944, particularly Chapter X. The Court distinguished the present case from previous rulings in Thermax Private Ltd. and J.K. Synthetics, noting that those involved imported goods, while the current case involved locally manufactured intermediate goods. The Court referred the matter to a Larger Bench for reconsideration, indicating doubts about the applicability of earlier judgments under Section 5A of the Central Excise and Salt Act, 1944.