COLLECTOR OF CENTRAL EXCISE, AHMEDABAD vs ORIENT FABRICS PVT. LTD. — C.A. No. 4914/1997
Case under Section I-B. Status: 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
Petitioner(s)
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1.COLLECTOR OF CENTRAL EXCISE, AHMEDABAD
Adv. B. KRISHNA PRASAD
Respondent(s)
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1.ORIENT FABRICS PVT. LTD.
Adv. RAJESH KUMAR
Case History
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Case disposedDisposed
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25-Nov-2003
Judgment - of Main CaseView PDF
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03-Jul-1997
Case filed
Registration No. C.A. No. 4914/1997
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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