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february 2008

Supreme Court of India · 2008-02-19

Commissioner Of Central Excise, Mumbai vs Lajya Dyeing & Bleaching Works

Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, Mumbai
Respondent
Lajya Dyeing & Bleaching Works
Bench
Ashok Bhan, J.M.Panchal

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that the extended period of limitation under Section 11A of the Central Excise Act, 1944, was not applicable as there was no evidence that the assessee knowingly mis-declared the fabric composition. The Court emphasized that processors are not legally required to verify the correctness of declarations made by manufacturers. Consequently, the demand for differential duty and penalties imposed on the assessee were set aside, affirming the Tribunal's finding of fact.

Commissioner Of Central Excise, Mumbai vs Lajya Dyeing & Bleaching Works · Niyam