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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
SC 1995/64176
Court
Supreme Court of India
Petitioner
COLLECTOR OF CENTRAL EXCISE, MEERUT
Respondent
MODI RUBBER LTD.
Author
VENKATARAMA REDDI
Bench
B.N. KIRPAL, N. SANTOSH HEGDE & P. VENKATARAMA REDDI

Judgment text excerpt

The Supreme Court, in this case, addressed the interpretation of Notification No. 95/79 under the Central Excise and Salt Act, ruling that there is no requirement for a nexus between inputs and outputs for availing proforma credit. The Court upheld the CEGAT's decision, which had previously allowed the respondent's claim for refund of proforma credit on inputs used in manufacturing tyres, tubes, and flaps cleared at nil duty. The Court concluded that the Assistant Collector's rejection of the refund claim was incorrect, affirming the Tribunal's interpretation that the Notification does not impose a duty payment condition on final products.

COLLECTOR OF CENTRAL EXCISE, MEERUT vs MODI RUBBER LTD. · Niyam