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january 2008

Supreme Court of India · 2008-01-04

M/S MATHANIA FABRICS vs COMMNR. OF CENTRAL EXCISE JAIPUR

Citation / case number
SC 2002/12713
Court
Supreme Court of India
Petitioner
M/S MATHANIA FABRICS
Respondent
COMMNR. OF CENTRAL EXCISE JAIPUR
Author
ARIJIT PASAYAT
Bench
D.K. JAIN DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed appeals against CESTAT's dismissal of claims for exemption under Notification No.28/94-CE and Notification No.8/96-CE, asserting that the appellants' processes did not involve the use of power. The Court held that the amendments made by Notification No.35/99-CE were not retrospective and clarified that the use of power in processing cotton fabrics disqualified the appellants from the claimed exemptions under Section 11A of the Central Excise Act, 1944. Consequently, the appeals were dismissed, affirming the CESTAT's decision.

M/S MATHANIA FABRICS vs COMMNR. OF CENTRAL EXCISE JAIPUR · Niyam