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.