Supreme Court of India · 2006-08-01
SOUTH EASTERN COALFIELDS LTD. vs COMMNR., CUSTOMS & CENTRAL EXCISE, M.P.
- Citation / case number
- SC 2001/2878
- Court
- Supreme Court of India
- Petitioner
- SOUTH EASTERN COALFIELDS LTD.
- Respondent
- COMMNR., CUSTOMS & CENTRAL EXCISE, M.P.
- Author
- MARKANDEY KATJU
- Bench
- MARKANDEY KATJU ASHOK BHAN
Judgment text excerpt
The Supreme Court held that the Central Electrical and Mechanical Workshop at Korba qualifies as a 'mine' under Section 2(j)(viii) of the Mines Act, 1952, thereby entitling it to the exemption from excise duty under Notification No.63/95-CE dated 16.3.1995. The Court found that the workshop was established for the repair of mining machinery and was situated within the precincts of a mine, thus fulfilling the criteria for exemption. The Court reversed the decision of the Customs, Excise and Gold (Control) Appellate Tribunal, allowing the appeal and granting the exemption from excise duty.