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august 2004

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.

COMMNR. OF CENTRAL EXICE, NEW DELHI vs M/S. MODI ALKALIES & CHEM. LTD. &ORS · Niyam