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february 2023

Supreme Court of India · 2023-02-09

GTC INDUSTRIES LTD. (NOW KNOWN AS GOLDEN TOBACCO LIMITED) THROUGH MANAGER LEGAL vs COLLECTOR OF CENTRAL EXCISE NEW DELHI

Citation / case number
SC 2009/36930
Court
Supreme Court of India
Petitioner
GTC INDUSTRIES LTD. (NOW KNOWN AS GOLDEN TOBACCO LIMITED) THROUGH MANAGER LEGAL
Respondent
COLLECTOR OF CENTRAL EXCISE NEW DELHI
Author
HON'BLE MR. JUSTICE DIPANKAR DATTA
Bench
HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Judgment text excerpt

The Supreme Court examined the validity of Section 9-D of the Central Excise and Salt Act, 1944, which was upheld as intra vires by the Delhi High Court. The appellants challenged the High Court's limited decision, arguing that the remand order required a comprehensive review of all issues, including procedural breaches in the adjudication process. The Court emphasized the importance of considering all relevant aspects and principles laid down in the remand, affirming the High Court's decision on the vires but highlighting the need for a holistic review of procedural compliance.

GTC INDUSTRIES LTD. (NOW KNOWN AS GOLDEN TOBACCO LIMITED) THROUGH MANAGER LEGAL vs COLLECTOR OF CENTRAL EXCISE NEW DELHI · Niyam