BAJAJ AUTO LIMITEDversusUNION OF INDIA & ORS.
2019 INSC 40727 March 2019Appeal(s) allowed
Bajaj Auto Ltd., a manufacturing unit in Uttarakhand, was granted a ten‑year exemption from central excise duty under Notification No. 50/2003‑C. The company, however, did not pay National Calamity Contingent Duty (NCCD), Education Cess and Secondary & Higher Education Cess, which were demanded through a show‑cause not…
VIKRAM CEMENTversusCOMMISSIONER OF CENTRAL EXCISE, INDORE
2005 INSC 37924 August 2005Matter referred to larger bench
Vikram Cement, a cement manufacturer, claimed CENVAT credit for duty paid on inputs (explosives, lubricating oil, welding electrodes) and capital goods (limestone crusher, mining equipment) used in its captive limestone mines adjacent to its factory. The department issued show‑cause notices rejecting the credit, arguin…
UNION OF INDIA & ORS.versusM/S UNICORN INDUSTRIES
2019 INSC 105519 September 2019Appeal(s) allowed
The Union of India had granted a ten‑year exemption from excise duty for certain goods, including pan masala and tobacco products, through a 2003 notification. In 2007 it issued a new notification withdrawing that exemption on the ground that the products were hazardous to health. Manufacturers such as Unicorn Industri…
R.C. TOBACCO PVT. LTD. AND ANR.versusUNION OF INDIA AND ANR.
2005 INSC 43119 September 2005Dismissed
The petitioners, job‑workers manufacturing cigarettes under exemption notifications issued in 1999, were ordered by the High Court to receive refunds of excise duty. After the High Court upheld the refunds, Parliament enacted Section 154 of the Finance Act, 2003, retrospectively withdrawing the exemption and authorisin…
M/S HERO MOTOCORP LTDversusUNION OF INDIA & ORS.
2022 INSC 110017 October 2022Dismissed
The appellants, Hero Motocorp Ltd. and Sun Pharma Laboratories Ltd., relied on a 2003 Office Memorandum and notification that granted 100% excise duty exemption for ten years to industrial units in Uttarakhand and Himachal Pradesh. After the introduction of the GST regime, the Union of India rescinded those exemptions …
M/S. MARUTI SUZUKI LTDversusCOMMISSIONER OF CENTRAL EXCISE-III, DELHI
2009 INSC 104717 August 2009Disposed off
Mis. Maruti Suzuki Ltd., a motor‑vehicle manufacturer, generated electricity in its plant using naphtha and diesel and sold a portion of the surplus to its joint ventures, vendors and the grid for a price. The company claimed CENVAT credit on the duty paid on the fuel used for electricity generation, arguing that elect…
MIS. DHARAMPAL SATYAPAL LTD.versusDEPUTY COMMISSIONER OF CENTRAL EXCISE, GAUHATI & ORS.
2015 INSC 41714 May 2015Dismissed
The appellant, Mis. Dhrampal Satyapal Ltd., claimed exemption from excise duty under a 1999 notification for North‑Eastern industrial units, which was later withdrawn retrospectively by Section 154 of the Finance Act, 2003. The Department issued recovery orders without a prior show‑cause notice, which the appellant arg…
M/S. NAHAR INDUSTRIAL ENTERPRISES LTD. AND ORS.versusUNION OF INDIA AND ORS.
2004 INSC 43410 August 2004Appeal(s) allowed
The appellants, 100% Export Oriented Undertakings (EOUs) manufacturing cotton yarn from indigenous raw material, were required to pay Basic Excise Duty (BED) under the Central Excise Act, 1944 and Additional Excise Duty (AED) under the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978. Notification …
M/S. UNICORN INDUSTRIESversusUNION OF INDIA & OTHERS
2019 INSC 13366 December 2019Dismissed
Unicorn Industries, a manufacturer in Sikkim, claimed that a 2003 exemption notification under Section 5A of the Central Excise Act, 1944, which exempted basic excise duty and certain additional duties, also covered the National Calamity Contingent Duty (NCCD), education cess and secondary/higher education cess imposed…