COLLECTOR OF CENTRAL EXCISE, AHMEDABAD vs ORIENT FABRICS PVT. LTD. — C.A. No. 4914/1997

Case under Section I-B. Status: Disposed.

Disposed

CNR: SCIN010101451997

Filing Date

03-Jul-1997

Registration No

C.A. No. 4914/1997

Diary Number

10145/1997

Order Date

25-Nov-2003

Document Type

Judgment - of Main Case

Disposal Type

Dismissed

Last updated 04-Jun-2026

Acts & Sections

Section I-B

Petitioner(s)

  1. 1.COLLECTOR OF CENTRAL EXCISE, AHMEDABAD

    Adv. B. KRISHNA PRASAD

Respondent(s)

  1. 1.ORIENT FABRICS PVT. LTD.

    Adv. RAJESH KUMAR

Case History

  1. Case disposedDisposed

  2. 25-Nov-2003

    Judgment - of Main CaseView PDF

  3. 03-Jul-1997

    Case filed

    Registration No. C.A. No. 4914/1997

casestatus.in Summary

The Supreme Court dismissed the Collector's appeal, upholding the Tribunal's decision that penalties and confiscation under the Additional Duties of Excise (Goods of Special Importance) Act, 1957 cannot be imposed without explicit statutory authority. Since the cause of action arose in 1987 when the Act lacked express penalty provisions, and penalties constitute additional tax requiring clear constitutional authorization under Article 265, the confiscation and Rs. 50,000 penalty against Orient Fabrics were unlawful and properly set aside. This case analysis is maintained by casestatus.in based on publicly available court records.

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