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august 2004

Supreme Court of India · 2004-08-12

Commissioner Of C. Ex., Mumbai vs Mahindra And Mahindra Ltd.

Citation / case number
2005(99)ECC17
Court
Supreme Court of India
Petitioner
Commissioner Of C. Ex., Mumbai
Respondent
Mahindra And Mahindra Ltd.
Bench
S.N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the presence of a MODVAT scheme benefit does not automatically negate the possibility of suppression of facts regarding excise duty. The Court clarified that whether suppression occurred must be determined based on the specific facts of each case, rejecting the notion that entitlement to MODVAT implies no suppression. The judgment was referred to a Larger Bench for further clarification on this legal principle.

Commissioner Of C. Ex., Mumbai vs Mahindra And Mahindra Ltd. · Niyam