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.