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november 2004

Supreme Court of India · 2004-11-04

Commissioner Of C. Ex., Ahmedabad vs Ramesh Food Products

Citation / case number
2005(98)ECC739
Court
Supreme Court of India
Petitioner
Commissioner Of C. Ex., Ahmedabad
Respondent
Ramesh Food Products
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court referred to the Larger Bench judgment in Kamani Foods, which overruled the Faridabad Tools case, clarifying that the interpretation of Notification 175/86 regarding Modvat credit must be harmoniously construed. The Court emphasized that a Smaller Bench of the Tribunal is bound to follow the Larger Bench ruling and cannot independently take a different view. The decision in Kharia Cement Works was deemed a more appropriate interpretation of the notification, establishing that exemption is contingent upon the manufacturer's choice to avail Modvat credit for specified goods.

Commissioner Of C. Ex., Ahmedabad vs Ramesh Food Products · Niyam