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july 2005

Supreme Court of India · 2005-07-26

M/S.Birla Corporation Ltd vs Commnr. Of Central Excise

Court
Supreme Court of India
Petitioner
M/S.Birla Corporation Ltd
Respondent
Commnr. Of Central Excise
Author
B.P.Singh
Bench
B.P. Singh, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that the duty paid on spares of ropeway used for transporting crushed limestone is eligible for Modvat credit under the Central Excise Act. The Court referenced previous rulings in J.K. Udaipur Udyog Ltd. and CCE, Chennai Vs. Pepsico India Holdings Ltd., establishing that transportation of raw materials to the factory qualifies for credit. The appeal was allowed, overturning the CEGAT's decision, and confirming the appellant's entitlement to Modvat credit.

M/S.Birla Corporation Ltd vs Commnr. Of Central Excise · Niyam