I.A.ANSARI, T.VAIPHEI
Dharampal Satyapal Ltd. & Ors. – Appellant
Versus
Union of India & Ors. – Respondent
At the center of the controversy, in three writ petitions, namely, WP(C) 591/2008, WP(C) 1048/2008 and WP(C) 2814/2008, lies the controversy with regard to the correct interpretation of the three notifications, namely, NotificationNo.69/2003-CE, dated 25.08.2003, Notification No.08/2004-CE, dated 21.01.2004, and Notification No.28/2004-CE, dated 09.07.2004, issued by Government of India, Ministry of Finance (Department of Revenue), New Delhi, granting exemption from payment of excise duty and additional duty of excise in exercise of powers under Sub-Section (1) of Section 5A of the Central Excise Act, 1944, read with Section 3(3) of Additional Duty of Excise (Goods of Special Importance) Act, 1957, and Sub-Section (13 6) of Section 3 of the Finance Act, 2001.
2. Having arisen out of the same Notifications, which embody the schemes of exemption from payment of excise duty and, being inextricably linked with each other, all the three writ petitions, which include the present one, namely, WP(C) No. 591 of 2008, have been heard together on the request made by the learned counsel for the parties concerned. For the sake of clarity and precision and, also to avoid r
1959 SCR 551: Mahadayal Premchandra Vs. Commercial Tax Officer
AIR 1967 SC 1269: State of Orissa Vs. Dr. (Miss) Binapani Dei & Ors. [Para 64]
AIR 1969 SC 48: (1970) 3 SCC 76: Orient Paper Mills Ltd. Vs. Union of India [Para 74
(1988) 4 SCC 534: Bharat Singh Vs. State of Haryana. [Para 70]
(1989) 2 SCC 505: State of U.P. Vs. Maharaja Dharmander Prasad Singh. [Para 79]
AIR 2000 Bom 403-State of Maharastra Vs. M/s. G & J Concerns (Hotel Samrat)
2002 (2) CHN 356: Sankar Das & Ors. Vs. State of West Bengal & Ors. [Para 115]
(2004) 7 SCC 642: Associated Cement Companies Ltd. Vs. State of Bihar & Ors [Para .24
(2005) 6 SCC 292: Vadilal Chemicals Ltd. Vs. State of A.P. [Para 36]
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