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october 2005

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.

COMMNR. OF CENTRAL EXCISE, NEW DELHI vs M/S. HARI CHAND SHRI GOPAL · Niyam