Supreme Court · 2005 INSC 465 · Decided 3 October 2005

Commissioner of Central Excise, New Delhi v. M/S. Hari Chand Shri Gopal ETC.

Court
Supreme Court of India
Citation
2005 INSC 465 · [2005] SUPP. 3 S.C.R. 931
Case number
CIVIL APPEAL No. 1878/2004
Decided
3 October 2005
Bench
S.N. VARIAVA, AR. LAKSHMANAN, S.H. KAPADIA (3-judge bench)
Outcome
Matter referred to larger bench
Case type
Civil

Headnote

B Central Excise Rules, 1944-Chapter X-Jnput relief-Provided under Exemption Notification on condition of compliance of procedure under Chapter X-Entitlement of relief even on non-compliance of Chapter X-Different views C of Tribunal on the point-Held: Matter needs reconsideration-Hence referred before this Court was whether an assessee was entitled to benefit of input relief under exemption Notification in which compliance of Chapter X procedure under Central Excise Rules, D 1944 was incorporated as a condition for obtaining exemption. In Thermax Private ltd. v. Collector of

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