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may 2002

Supreme Court of India · 2002-05-02

M/S. Osram Surya P. Ltd vs Commissioner Of Central Excise, Indore

Citation / case number
AIR 2002 SUPREME COURT 2194
Court
Supreme Court of India
Petitioner
M/S. Osram Surya P. Ltd
Respondent
Commissioner Of Central Excise, Indore
Bench
N. Santosh Hegde, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court examined the interpretation of the second proviso to Rule 57G of the Central Excise Rules, 1944, concerning the time limit for claiming MODVAT credit. The core issue was whether a manufacturer is barred from taking credit if more than six months have elapsed since the date of the relevant documents. The Court reviewed the conflict between different Benches of the Appellate Tribunal regarding the restrictive nature of this six-month window.

M/S. Osram Surya P. Ltd vs Commissioner Of Central Excise, Indore · Niyam