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july 2001

Supreme Court of India · 2001-07-27

COMNR. OF CENTRAL EXCISE,COIMBATORE &ORS vs JAWAHAR MILLS LTD. .

Citation / case number
SC 1999/19507
Court
Supreme Court of India
Petitioner
COMNR. OF CENTRAL EXCISE,COIMBATORE &ORS
Respondent
JAWAHAR MILLS LTD. .
Author
Y.K. SABHARWAL S.P. BHARUCHA
Bench
Y.K. SABHARWAL S.P. BHARUCHA

Judgment text excerpt

The Supreme Court addressed the issue of whether certain items could be classified as 'Capital goods' under Rule 57Q of the Central Excise Rules, 1944, which allows manufacturers to claim Modvat Credit on duty paid for such goods. The Court held that the items in question did not meet the definition of 'Capital goods' as specified in the Explanation to Rule 57Q, thereby denying the Modvat Credit claims. The judgment clarified the interpretation of 'Capital goods' and reinforced the conditions under which Modvat Credit can be availed.

COMNR. OF CENTRAL EXCISE,COIMBATORE &ORS vs JAWAHAR MILLS LTD. . · Niyam