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october 2001

Supreme Court of India · 2001-10-09

Collector Of Central Excise, Meerut vs Modi Rubber Ltd

Citation / case number
AIR 2001 SUPREME COURT 2913
Court
Supreme Court of India
Petitioner
Collector Of Central Excise, Meerut
Respondent
Modi Rubber Ltd
Author
P.Venkatarama Reddi
Bench
B.N. Kirpal, N. Santosh Hegde, P. Venkatarama Reddi

Judgment text excerpt

The Supreme Court examined the validity of the CEGAT's decision regarding the proforma credit of duty under Notification No. 95/79 of the Central Excise and Salt Act. The Court upheld the Tribunal's interpretation that the notification does not require a nexus between inputs and outputs for availing proforma credit, thereby affirming the Tribunal's ruling in Vikrant Tyres Ltd. The appeal by the Revenue was dismissed, confirming the right of the manufacturer to claim refund for the proforma credit on inputs used in the production of goods cleared at nil duty.

Collector Of Central Excise, Meerut vs Modi Rubber Ltd · Niyam