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october 2017

Supreme Court of India · 2017-10-12

COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, BANGALORE vs M/S KARNATAKA SOAPS & DETERGENTS LTD

Citation / case number
SC 2015/8356
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, BANGALORE
Respondent
M/S KARNATAKA SOAPS & DETERGENTS LTD
Author
HON'BLE MR. JUSTICE S. ABDUL NAZEER
Bench
HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MRS. JUSTICE R. BANUMATHI

Judgment text excerpt

The Supreme Court addressed the applicability of Circular No.495/61/99-CX.3 under the Central Excise Act, 1944, determining that the circular does not exempt the respondent from excise duty on perfumery compounds. The Court held that actual marketing of the perfumery compound is not a prerequisite for the levy of excise duty, as the compounds are capable of being sold in the market. Consequently, the Court set aside the CESTAT's ruling that had favored the respondent, reinstating the duty, penalty, and interest as per Sections 11A, 11AB, and 11AC of the Act.

COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, BANGALORE vs M/S KARNATAKA SOAPS & DETERGENTS LTD · Niyam