Supreme CourtDivision Bench(1997) 07 SC CK 0048

Collector of Central Excise, Indore vs Partap Steel Rolling Mills <BR>Collector of Central Excise, Jaipur Vs KEC International Ltd.

Supreme Court Of India · Decided on 29 July 1997 · Citation: (1997) 94 ELT 458 : (1998) 7 JT 618 : (1998) 9 SCC 165

HON’BLE JUDGES
J. S. Verma, C.J · B. N. Kirpal, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No''s. 1945 and 1947 of 1990 and 8175 of 1995

AI Structured Summary

Not yet generated for this judgment

Judgment

2 paragraphs · 140 words
1.

These appeals are against the decision of the Tribunal. We find that the requisite facts on the basis of which the controversy between the parties relating to exigibility of the goods to excise duty arose have not been recorded either by the Tribunal or any of the authorities below it. It is appropriate that in respect of each item or goods for which excise duty has been demanded, there should be a clear finding of fact about the nature of the process and of the end product (sic) by which the goods conies into existence, to enable a decision on the point whether the goods are exigible to excise duty. The appropriate course, therefore, is to remit these matters to the adjudicating authority for a fresh decision in accordance with law.

2.

We direct accordingly. The appeals are allowed.