VidhiSangh

Supreme Court of India · 28/02/2019

DINESH TEXTILES versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT

[2019] 2 S.C.R. 779 · 2019 INSC 294

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Summary

The Court upheld excise duty on the trader’s aggregate clearances of textiles made through job workers. Rule 12B treated the trader as the assessee; liability was not confined to the single job worker whose clearances exceeded the exemption threshold.

Issues

  1. Whether the trader’s liability covered all aggregate clearances or only those of the job worker who exceeded the exemption limit.

Provisions considered

Held

Result

Appeals dismissed; duty assessment on aggregate clearances and Tribunal’s orders affirmed. No costs.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 779.