Supreme Court of India

M/s. Unicorn Industries v. Union of India & Others

Neutral citation
Reported as [2019] 17 S.C.R. 1013
Bench Arun Mishra, M. R. Shah and B. R. Gavai JJ.
Decided 6 December 2019

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.

What the Court ordered

We are of the opinion that it is more rational to accept the aforesaid position as clarified by the Mi nistry of Finance in the aforesaid circulars.

Judgment, page 19

From the headnote

Central Excise Act, 1944 – Finance Act, 2004 – Finance Act, 2007 – Finance Act, 2001 – The High Court held that duties i.e. the levy of education cess, higher education cess a nd National Calamity Contingent Duty (NCCD) are not the part of the exe mption notification – Appellant contended that the NCCD, education ces s, and secondary and higher education cess form part of the excise duty and hence the decision of the High Court is bad in law – On appeal, held: Notification dated 09.09.2003 issued in the present case makes it clear that exemption was granted u/s. 5A of the Act 1944, concurring

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