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.