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august 2006

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.

SOUTH EASTERN COALFIELDS LTD. vs COMMNR., CUSTOMS & CENTRAL EXCISE, M.P. · Niyam