Supreme Court · 2007 INSC 1104 · Decided 25 October 2007

M/S. Modipon Fibre Company, Modinagar, U.P. v. Commissioner of Central Excise, Meerut

Court
Supreme Court of India
Citation
2007 INSC 1104 · [2007] 11 S.C.R. 688
Case number
CIVIL APPEAL No. 8529/2007
Decided
25 October 2007
Bench
S.H. KAPADIA, B. SUDERSHAN REDDY (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Central Excises Act, I 944: S. 4( 4)( d)(ii) and Explanation appended thereto-Yarn-Turnover tax-Deduction of-By virtue of Exemption Notification, rate of turnover tax for normal area sales was 2%andfor backward area sales was 0.5%-Claim of deduction at 2%for entire clearance without mentioning two D Not entitled-Assessee entitled to deduction of only effective duty payable-Since exemption has been granted, exemption has to be deducted fi·om ad valorem duty-Central Excises Rules, I 944-Rule I 73-C-Finance Act, 1982-s.47. S. I IA-Demand of duty on clearance of Yarn-By virtue of E

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