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may 2000

Supreme Court of India · 2000-05-05

Tungabhadra Indus. Ltd vs Union Of India & Ors

Citation / case number
AIR 2000 SUPREME COURT 2286
Court
Supreme Court of India
Petitioner
Tungabhadra Indus. Ltd
Respondent
Union Of India & Ors
Author
S.N.Variava
Bench
S.N.Variava

Judgment text excerpt

The Supreme Court upheld the decision of the Andhra Pradesh High Court, affirming that under Rule 57K of the Central Excise Rules, 1944, an assessee cannot simultaneously utilize accumulated credits from two different notifications (Notification No. 27/87 and Notification dated 11th October, 1989) for excise duty payment. The Court clarified that the entitlement to utilize credits is limited to the provisions of the specific notifications and their respective conditions. Consequently, the appeal was dismissed, maintaining the High Court's ruling that no illegality was committed by the Excise Authorities.

Tungabhadra Indus. Ltd vs Union Of India & Ors · Niyam