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april 2003

Supreme Court of India · 2003-04-23

Commissioner Of Central Excise vs West Coast Industrial Gases Ltd.

Citation / case number
AIRONLINE 2003 SC 122
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise
Respondent
West Coast Industrial Gases Ltd.
Bench
M.B. Shah, Arun Kumar

Judgment text excerpt

The Supreme Court addressed whether Modvat credit on metal containers must be reversed or duty paid on empty containers when they are not used in the manufacture of the final product. The Court upheld the CEGAT's finding that empty drums or barrels cannot be classified as 'waste' arising out of the manufacturing process under Rule 57F. Consequently, the Court ruled that there is no specific rule requiring the payment of duty or reversal of credit on such containers.

Commissioner Of Central Excise vs West Coast Industrial Gases Ltd. · Niyam