M/S. HINDUSTAN ZINC LTD. vs. COMMNR. OF CENTRAL EXCISE, JAIPUR

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C.A. No.-003991-003991 - 2001Supreme Court24 February 20051 pages
For Petitioner: V. BALACHANDRANFor Respondent: B. KRISHNA PRASAD
AI SummaryPartly Allowed

What did the Supreme Court hold?

The Supreme Court held that the question of exemption notification's applicability was academic as marketability of silver chloride was not proven. The issue is kept open for future consideration if marketability is established.

What were the facts?

The assessee, Hindustan Zinc Limited, sought exemption under a specific notification for silver chloride, which was declared excisable goods. The department had previously failed to prove the marketability of silver chloride.

What were the issues?

Whether the assessee was entitled to an exemption notification for silver chloride if it was declared excisable goods, given the prior lack of proof of marketability.

Which sections of the Income-tax Act were involved?

Section 35L(b) of the Central Excise Act, 1944

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1 CASE NO.: Appeal (civil) 3991 of 2001 PETITIONER: M/s Hindustan Zinc Limited RESPONDENT: Commissioner of Central Excise Jaipur. DATE OF JUDGMENT: 24/02/2005 BENCH: S.N. VARIAVA,Dr. AR. LAKSHMANAN & S.H. KAPADIA

JUDGMENT: J U D G M E N T KAPADIA, J.

The short question which arises for determination in this civil appeal filed by the assessee under section 35L(b) of the Central Excise Act, 1944 is \026 whether in the event of the silver chloride being declared "excisable goods", the assessee was entitled to the benefit of exemption under notification no.217/86-CE dated 2.4.1986. In view of our judgment in the conjoint civil appeal no.430 of 2000 in the case of the same assessee holding that the department had failed to prove marketability of silver chloride produced in the factory of the assessee, during the relevant period(s), the question of applicability of the said notification during that period has become academic. In future, if the department succeeds in proving that silver chloride produced in the factory of the assessee as "excisable goods" in terms of manufacture and marketability and if the assessee intends to take the benefit of the said notification, then, the question is kept open and the decision given by the tribunal herein will not preclude the assessee from relying on the above notification in accordance with law.

Subject to above, the appeal is disposed of with no order as to costs.

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