Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Chapter 76 - Show-cause notice alleging the appel/ant-assessee for clandestinely removing some of the quantities of the finished goods manufactured by it - Demand of differential duty by adjudicating authority- The order of the authority confirmed by the Tribunal and the High Court Central Excise Act 1944 - Schedule |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Excise Act, 1944 - Schedule, Chapter 76 -Show-cause notice alleging the appellant-assessee forclandestinely removing some of the quantities of the finishedgoods manufactured by it - Demand of differential duty byadjudicating authority- The order of the authority confirmedby the Tribunal and the High Court - On appeal, held: Theorder was passed by courts below on the basis of admissions of two employees of the assessee-company without advertingto the specific plea of the assessee explaining that there wasno clandestine removal of the goods from the premises -The statements of the employees cannot be read asadmissions - Thus entire basis of impugned order gets knocked off - Demand order is quashed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 393 |
Petitioner | M/s. Maan Aluminium Ltd. |
Respondent | Commissioner Of Central Excise, Indore |
SCR | [2015] 10 S.C.R. 27 |
Judgement Date | 2015-05-08 |
Case Number | 2830 |
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