Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1944: Export and Import Policy 1997-2002 - Notification no.8197-CE dated 01.03.1997 - Benefit of the said Notification available to goods manufactured by EOU using indigenous raw material only - Assessee manufactured cotton yarn using indigenous cotton and imported wax - Entitlement to claim benefit of Notification D no.8197-CE Central Excise Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Central Excise Act, 1944: Export and Import Policy1997-2002 - Notification no.8197-CE dated 01.03.1997 -Benefit of the said Notification available to goodsmanufactured by EOU using indigenous raw material only -Assessee manufactured cotton yarn using indigenous cottonand imported wax - Entitlement to claim benefit of Notification no.8197-CE-Held: In the manufacturing process undertakenby assessee-appellant, wax coating is done for lubrication ofyarn - Wax coating is allowed to remain on the yarn in orderto facilitate its winding on cones and its use in knittinghosiery - No doubt, cotton yarn can be produced without wax as well - However, such cotton yarn without wax wouldbe of inferior quality for the purpose of buyer in comparisonwith cotton yarn coated with wax as the use of cotton yarnwith wax thereupon acting as lubricant is much more usefuland becomes a value addition making it better quality cotton Fyarn, insofar as requirement of the buyer in using suchcotton yarn for manufacture of knitted fabircs is concerned~Therefore, wax is used as raw material and not asconsumable, insofar as end product of the assessee isconcerned - Benefit of notification not available to assessee. Interpretation of statutes: Exemption notification -. Interpretation of- Held: To be given strict interpretation andunless assessee able to make out a case in its favour, it isnot entitled to claim benefit thereof. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 801 |
Petitioner | M/s. Meridian Industries Ltd. |
Respondent | Commissioner Of Central Excise |
SCR | [2015] 14 S.C.R. 35 |
Judgement Date | 2015-10-27 |
Case Number | 4112 |
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