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december 2004

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.

Commr. Of C. Ex., Hyderabad vs Associated Cement Companies Ltd. · Niyam