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january 2008

Supreme Court of India · 2008-01-04

Mathania Fabrics vs Commnr. Of Central Excise Jaipur

Citation / case number
AIR 2008 SC (SUPP) 1336
Court
Supreme Court of India
Petitioner
Mathania Fabrics
Respondent
Commnr. Of Central Excise Jaipur
Author
Arijit Pasayat
Bench
Arijit Pasayat, D.K. Jain

Judgment text excerpt

The Supreme Court addressed appeals against CESTAT's dismissal of claims for excise duty exemptions under Notifications No. 28/94-CE and No. 8/96-CE. The Court held that the processes of bleaching, mercerising, dyeing, and finishing of cotton fabrics do not constitute 'manufacture' under Note 3 to Chapter 52 unless power is used, as clarified by the retrospective amendment in Notification No. 35/99-CE. The Court upheld CESTAT's decision, affirming that the appellants were not entitled to the claimed benefits due to the use of power in processing, thus confirming the applicability of Section 11A of the Central Excise Act, 1944.

Mathania Fabrics vs Commnr. Of Central Excise Jaipur · Niyam