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2016 (4) TMI 490 - SUPREME COURT

2016 (4) TMI 490 - SUPREME COURT - 2016 (335) E.L.T. 197 (SC) - Additional duty - Import of ship for breaking and for no other use - Appellant pleaded that no excise duty is payable and the product manufactured in India is exempted from excise duty - Held that:- in view of the Judgement of this court in the case of Hyderabad Industries Limited v. Union of India [1999 (5) TMI 29 - SUPREME COURT OF INDIA], when excise duty is exempted, there is no question of payment of additional duty. - Imp .....

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weeks. - Appeal disposed of - Civil Appeal Nos. 5816-5819/2005 With C.A. No. 9282/2013 & C.A. No. 5377-5378/2014 - Dated:- 4-4-2016 - MR. A.K. SIKRI AND MR. ROHINTON FALI NARIMAN, JJ For the Parties Mr. Kailash Vasudev, Sr. Adv., Mr. Bimal Roy J., Adv., Ms. Nisha Bagchi, Adv., Ms. Pooja Sharma, Adv., Mr. B. Krishna Prasad, Adv., Mr. Arshad Hidayatula, Sr. Adv., Mr. Ajay Sharma, Adv., Mr. Rajeev, Sharma, Adv., Ms. Neelam Sharma, Adv., Mr. Arshad Hidayatula, Sr. Adv., Mr. Rohit Alex, Adv., Mr. .....

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on, in the intra-court appeal filed by the respondents, the Division Bench decided the issue in favour of the respondents herein. The basis of the judgment of the High Court is that when excise duty is exempted, there is no question of payment of additional duty. For this purpose, the High Court has referred to the Constitution Bench judgment of this Court in 'Hyderabad Industries Limited v. Union of India' [1999 (5) SCC 15]. In these appeals, the appellants have not controverted the afo .....

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