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august 2004

Supreme Court of India · 2004-08-18

Commissioner Of Central Excise, New ... vs M/S Modi Alkalies & Chemicals Ltd. & Ors

Citation / case number
AIR 2005 SUPREME COURT 1468
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, New ...
Respondent
M/S Modi Alkalies & Chemicals Ltd. & Ors
Author
Arijit Pasayat
Bench
S.N. Variava, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the findings of the Central Excise and Gold (Control) Appellate Tribunal, confirming that M/s Modi Alkalies & Chemicals Ltd. (MACL) engaged in fraudulent practices to evade central excise duty by creating front companies. The Court emphasized that the inter-dependence among MACL and the front companies was evident, as they shared resources and management, violating provisions under the Central Excise Act, 1944 and the Central Excise Rules, 1945. The Court affirmed the liability of MACL for the excise duty amounting to Rs.20,58,732.65 as per Rule 9(2) of the Rules and Section 11 of the Act.

Commissioner Of Central Excise, New ... vs M/S Modi Alkalies & Chemicals Ltd. & Ors · Niyam