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.