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december 2019

Supreme Court of India · 2019-12-09

M/S BOMBAY DYEING & MFG CO. LTD. vs COMMISSIONER OF CENTRAL EXCISE

Citation / case number
SC 2007/35636
Court
Supreme Court of India
Petitioner
M/S BOMBAY DYEING & MFG CO. LTD.
Respondent
COMMISSIONER OF CENTRAL EXCISE
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court ruled that the excise duty is not applicable on yarn produced for captive consumption in the manufacture of fabrics, as per Rule 9 read with Rule 49 of the Central Excise Rules, 1944. The Court held that the appellant's claim for exemption from excise duty was valid, thereby quashing the directives of the Central Board of Excise and the notices issued against the appellant. The judgment emphasized the distinction between goods meant for sale and those for captive use, affirming the principles established in J.K. Cotton Spinning & Weaving Mills Co. Ltd. v. Union of India.

M/S BOMBAY DYEING & MFG CO. LTD. vs COMMISSIONER OF CENTRAL EXCISE · Niyam