SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(SC) 244

MUKUNDAKAM SHARMA, S.B.SINHA
CC (Preventive) Amritsar – Appellant
Versus
Malwa Industries Ltd. – Respondent


Advocates Appeared
Harish Chandra, Sr. Adv., H. Raghvendra Rao, Sanjeev K. Bhardwaj and Shreekant N. Terdal, Advs
Ajay Aggarwal and Ranjan Narain, Advs.

JUDGMENT

S.B. Sinha, J.

1. Interpretation of an exemption notification bearing No. 4/2006-CE dated 1.03.2006 is in question in these appeals which arise out of a judgment and order dated 30.04.2008 passed by the Customs, Excise and Service Tax Appellate Tribunal (for short "the Tribunal"), Principal Bench, New Delhi in Custom Appeal Nos. 43-47 of 2008.

2. Respondent is engaged in the business of textile and manufacturing of textile goods, viz., Dystar Indigo VAT 40 per cent SOL/Indigo Powder 90 per cent Wettable. The said imported goods fell under Tariff Heading 32041559. Additional Duty (CVD) was charged on the assessable value of the goods purported to be in terms of Section 3 of the Customs Tariff Act, 1975 (for short "the Act").

Urging that no excise duty was payable on the said goods in view of the notification dated 1.03.2006, the respondent preferred appeals aggrieved thereby. The said contention was upheld. Appellant approached the Tribunal thereagainst. The said appeal, by reason of the impugned judgment, has been dismissed.

3. Mr. Harish Chandra, learned senior counsel appearing on behalf of the appellant, submitted that:

(i) The appellate authority as also the Tribunal committ






























































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top