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.