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january 2009

Supreme Court of India · 2009-01-16

COMMR.OF CENTRAL EXCISE,HALDIA vs M/S EXIDE INDUSTRIES LTD.

Citation / case number
SC 2008/17854
Court
Supreme Court of India
Petitioner
COMMR.OF CENTRAL EXCISE,HALDIA
Respondent
M/S EXIDE INDUSTRIES LTD.
Author
S.H. KAPADIA,AFTAB ALAM, , ,
Bench
S.H. KAPADIA,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court ruled in Union of India Vs. Dharmendra Textile Processors that the focus of the Civil Appeal is solely on the quantum of penalty rather than the levy of penalty itself. The Court noted that the Tribunal's decision regarding the levy of penalty was not contested by the assessee, and thus the appeal was allowed without prejudice to the assessee's right to challenge the Tribunal's order on penalty imposition. The Court did not express any opinion on the merits of the penalty case.

COMMR.OF CENTRAL EXCISE,HALDIA vs M/S EXIDE INDUSTRIES LTD. · Niyam