Supreme Court · 2016 INSC 437 · Decided 3 June 2016

Sarla Performance Fibers Limited ETC. v. Commissioner of Central Excise, Surat-Ii

Court
Supreme Court of India
Citation
2016 INSC 437 · [2016] 7 S.C.R. 201
Case number
CIVIL APPEAL No. 3555/2012
Decided
3 June 2016
Bench
DIPAK MISRA, SHIVA KIRTI SINGH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Companies Act; Central Excise Act Section 3(1)

Headnote

Central Excise Act, 1944: s. 3 (1) and its proviso - Chargeability under s.3(1) or under proviso of 3(1) - Assessee, a 100% Export Oriented Unit - Clearance of goods without permission of Development Commissioner - Held: Duty is,payable uls.3(1) of the Act - If goods are not in India, the proviso to s.3(1) shall not be applicable. Allowing the appeals, the Court B c HELD: The expression "allowed to be sold in India" used D in proviso to Section 3(1) of the Act would be applicable only to sales made in DTA of the production by 100% EOUs, which are allowed to

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