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april 2009

Supreme Court of India · 2009-04-16

COMMISSIONER OF CENTRAL EXCISE, MUMBAI vs M/S. HINDOOSTAN SPINNING & WVG.M.LTD&ANR

Citation / case number
SC 2006/23339
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE, MUMBAI
Respondent
M/S. HINDOOSTAN SPINNING & WVG.M.LTD&ANR
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court clarified that the law laid down by the Court is binding on all courts and tribunals, and circulars issued by the Central Board of Excise and Customs cannot override this law. The Court emphasized that in cases where benefits of exemption notifications have been granted based on such circulars, the Revenue cannot reopen those cases. However, in ongoing disputes, courts must adhere to the interpretation provided in the Constitution Bench decision in Collector of Central Excise v. Dhiren Chemical Industries, which was reaffirmed in this judgment, thereby overruling previous conflicting interpretations.

COMMISSIONER OF CENTRAL EXCISE, MUMBAI vs M/S. HINDOOSTAN SPINNING & WVG.M.LTD&ANR · Niyam