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august 2008

Supreme Court of India · 2008-08-13

M/S. Sandur Micro Circuits Ltd vs C.C.E, Belgaum

Citation / case number
AIR 2008 SC (SUPP) 1109
Court
Supreme Court of India
Petitioner
M/S. Sandur Micro Circuits Ltd
Respondent
C.C.E, Belgaum
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that Circular No. 42 of 1997 cannot override Notification No. 2/95-CE and its amendments, as the latter is issued under the authority of Section 5A of the Central Excises and Salt Act, 1944. The Court established that a circular cannot impose new conditions that restrict the scope of a statutory exemption notification. Consequently, the appeals were dismissed, affirming the Tribunal's decision that the appellant's claim was not legally tenable.

M/S. Sandur Micro Circuits Ltd vs C.C.E, Belgaum · Niyam