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july 2005

Supreme Court of India · 2005-07-26

M/S. BIRLA CORPORATION LTD. vs COMMNR. OF CENTRAL EXCISE

Citation / case number
SC 2003/12954
Court
Supreme Court of India
Petitioner
M/S. BIRLA CORPORATION LTD.
Respondent
COMMNR. OF CENTRAL EXCISE
Author
B.P.SINGH
Bench
S.H. KAPADIA B.P. SINGH

Judgment text excerpt

The Supreme Court held that Modvat credit is available for duty paid on spares of a ropeway used to transport crushed limestone from mines to a factory, overturning the CEGAT's decision that disallowed the credit. The Court emphasized that the principles established in J.K. Udaipur Udyog Ltd. and CCE, Chennai Vs. Pepsico India Holdings Ltd. support the appellant's claim. The appeal was allowed, and the CEGAT's order was set aside, affirming the entitlement to Modvat credit under the relevant excise laws.

M/S. BIRLA CORPORATION LTD. vs COMMNR. OF CENTRAL EXCISE · Niyam