Supreme Court of India
M/S Hindustan Zinc Limited vs Commissioner Of Central Excise Jaipur on 24 February, 2005
Equivalent citations: AIR 2005 SUPREME COURT 1351, 2005 (2) SCC 662, 2005 AIR SCW 1110, (2005) 2 JT 515 (SC), 2005 (2) SLT 658, (2005) 28 ALLINDCAS 543 (SC), 2005 (28) ALLINDCAS 543, 2005 (2) SCALE 373, (2005) 181 ELT 170, (2005) 120 ECR 401, (2005) 3 SCJ 54, (2005) 2 SUPREME 173, (2005) 2 SCALE 373, (2006) 2 CALLT 23, AIR 2005 SUPREME COURT 1344, 2005 (2) SCC 668, 2005 AIR SCW 1137, (2005) 2 JT 520 (SC), (2005) 28 ALLINDCAS 560 (SC), 2005 (2) SCALE 377, (2005) 181 ELT 162, (2005) 120 ECR 406, (2005) 4 SCJ 128, (2005) 2 SUPREME 178, (2005) 2 SCALE 377
Bench: S.N. Variava, Ar. Lakshmanan, S.H. Kapadia
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 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.