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november 2008

Supreme Court of India · 2008-11-06

COMMNR. OF CENTRAL EXCISE, MUMBAI vs M/S. NATIONAL ORGANIC CHEMICAL INDST.LTD

Citation / case number
SC 2002/24362
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, MUMBAI
Respondent
M/S. NATIONAL ORGANIC CHEMICAL INDST.LTD
Author
Dalveer Bhandari
Bench
DALVEER BHANDARI,HARJIT SINGH BEDI, , ,

Judgment text excerpt

The Supreme Court addressed the applicability of Exemption Notification No. 217/86 under the Central Excise Tariff Act, 1985, concerning the captively consumed ethylene and propylene. The Court held that while ethylene and propylene used in the manufacture of products under chapter 29 are exempt from excise duty, those used for products under chapter 27 are not exempt and thus attract duty. The judgment affirmed the issuance of show-cause notices for the duty on ethylene and propylene used in the manufacture of methane and ethane, establishing the principle that exemptions are strictly construed based on the classification of goods.

COMMNR. OF CENTRAL EXCISE, MUMBAI vs M/S. NATIONAL ORGANIC CHEMICAL INDST.LTD · Niyam