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january 2008

Supreme Court of India · 2008-01-04

NIRLEX SPARES PVT. LTD. vs COMMNR. OF CENTRAL EXCISE

Citation / case number
SC 2001/12345
Court
Supreme Court of India
Petitioner
NIRLEX SPARES PVT. LTD.
Respondent
COMMNR. OF CENTRAL EXCISE
Author
TARUN CHATTERJEE
Bench
DALVEER BHANDARI TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court ruled that Nirlex Spares Pvt. Ltd. was not entitled to exemption from central excise duty under Notification No. 175/1986-CE due to the use of a monogram belonging to a related person, L.M.S. Marketing Company, which violated the conditions set forth in the notification. The Court upheld the findings of the Commissioner of Central Excise and the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) regarding the assessment of duty and value difference for the period from April 1, 1990, to September 30, 1992. The appeal was dismissed, affirming the demand for central excise duty amounting to Rs. 13,43,264/- and a value difference of Rs. 10,835/-.

NIRLEX SPARES PVT. LTD. vs COMMNR. OF CENTRAL EXCISE · Niyam