Supreme Court of India · 2004-08-18
COMMNR. OF CENTRAL EXICE, NEW DELHI vs M/S. MODI ALKALIES & CHEM. LTD. &ORS
- Citation / case number
- SC 2002/19413
- Court
- Supreme Court of India
- Petitioner
- COMMNR. OF CENTRAL EXICE, NEW DELHI
- Respondent
- M/S. MODI ALKALIES & CHEM. LTD. &ORS
- Author
- ARIJIT PASAYAT
- Bench
- S.N. VARIAVA & ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the findings of the Central Excise Authorities that M/s Modi Alkalies & Chemicals Ltd. (MACL) engaged in fraudulent practices to evade central excise duty by creating front companies to benefit from exemptions under Central Excise Notification No.1/93. The Court emphasized that the inter-dependence of MACL and the front companies was evident from their operational and financial arrangements, thus affirming the duty recovery of Rs.20,58,732.65 under the Central Excise Act, 1944. The judgment reinforced the principle that companies cannot evade tax liabilities through artificial arrangements.