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february 2009

Supreme Court of India · 2009-02-12

CC (PREVENTIVE)AMRITSAR vs M/S.MALWA INDUSTRIES LTD.

Citation / case number
SC 2008/26976
Court
Supreme Court of India
Petitioner
CC (PREVENTIVE)AMRITSAR
Respondent
M/S.MALWA INDUSTRIES LTD.
Author
S.B. SINHA
Bench
S.B. SINHA,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court interpreted the exemption notification No. 4/2006-CE dated 1.03.2006 in the context of additional duty under Section 3 of the Customs Tariff Act, 1975. The Court held that the conditions for availing the exemption must be strictly construed, and if the notification applies, no additional duty would be payable. The appeal against the Tribunal's dismissal was rejected, affirming the Tribunal's reliance on the precedent set in Thermax Private Ltd. v. Collector of Customs, which was not overruled but referred to a larger bench for clarification on related issues.

CC (PREVENTIVE)AMRITSAR vs M/S.MALWA INDUSTRIES LTD. · Niyam