Supreme Court of India · 2004-12-08
Commr. Of C. Ex., Hyderabad vs Associated Cement Companies Ltd.
- Citation / case number
- AIRONLINE 2004 SC 718
- Court
- Supreme Court of India
- Petitioner
- Commr. Of C. Ex., Hyderabad
- Respondent
- Associated Cement Companies Ltd.
- Bench
- D.M. Dharmadhikari, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that Section 112 of the Finance Act, 2000 explicitly denies credit of duty paid on high speed diesel oil for the period from March 16, 1995, to April 1, 2000, regardless of any prior Tribunal decisions allowing such credit. The Court clarified that the provisions of Section 112 override any conflicting rules, including Rule 57B, and thus the Tribunal's earlier ruling was incorrect. Consequently, the appeal of the Revenue was allowed, and the assessee was found ineligible for the claimed credit.