COMMNR. OF CENTRAL EXCISE, PUNE vs M/S.PUDUMJEE PULP & PAPER MILLS LTD. — C.A. No. 2741 - 2742/2001
Case under Section III. Status: Disposed.
CNR: SCIN010029952001
Filing Date
14-Feb-2001
Registration No
C.A. No. 2741 - 2742/2001
Diary Number
2995/2001
Order Date
20-Apr-2006
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 14-Jun-2026
Acts & Sections
Petitioner(s)
-
1.COMMNR. OF CENTRAL EXCISE, PUNE
Adv. P. PARMESWARAN
Respondent(s)
-
1.M/S.PUDUMJEE PULP & PAPER MILLS LTD.
Adv. TARA CHANDRA SHARMA (Dead / Retired / Elevated)
Case History
Case Summary: C.A. No. 002741-002742/2001 Outcome: The Supreme Court dismissed both appeals filed by the Commissioner of Central Excise, Pune, with no costs awarded. The Court upheld the Customs, Excise and Gold (Control) Appellate Tribunal's decision, which had allowed M/s. Pudumjee Pulp & Paper Mills Ltd.'s appeals based on settled legal principles established in the Everest Convertors case and consistently followed in multiple subsequent cases. Rationale: The Court held that the Revenue department, having accepted principles in earlier similar cases without appeal, cannot take a contrary position in subsequent cases with identical facts and issues. The Court rejected the Revenue's argument based on Clause (1A) of Section 5A of the Central Excise Act, 1944 (introduced May 13, 2005), finding no merit in the claim that it applied retrospectively to this case. This case analysis is maintained by casestatus.in based on publicly available court records.
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