Supreme Court of India
M/s. Siv Industries Ltd. v. Commissioner of Central Excise and Customs
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the Tribunal was nqt right in holding that duty is to be leviable in terms of the proviso to Section 3(1) of the Central Excise Act, 1944.
Judgment, page 15
From the headnote
Central Excise and Salt Act, 1944-Section 3( 1 )-De bonding of unit from 100% EOU Scheme-Levy of excise duty on the finished goods lying in stock, on the date of debonding and cleared for Domestic Tariff Area Whether under section 3( 1) or proviso to section 3(1) read with section 12 Customs Act, 1962-Held, duty is leviable under Section 3(1) of the Act. Proviso to S. 3( 1 )-De bonding of unit form 100% EOU, whether deemed to be permission to sell in India-Held, debonding and permission to sell in India are two different things having no connection with each other-No permission is required
Where later benches applied it
- 2016 Sarla Performance Fibers Limited Etc. v. Commissioner of Central Excise, Surat-ii
- 2020 Commissioner of Central Excise, Nagpur v. M/s Universal Ferro & Allied Chemicals Ltd. & Anr.ce F G H
Of those, 1 referred to · 1 not applicable
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