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january 2006

Supreme Court of India · 2006-01-18

M/S. VIKRAM CEMENT vs COMMNR. OF CENTRAL EXCISE, INDORE

Citation / case number
SC 2005/1190
Court
Supreme Court of India
Petitioner
M/S. VIKRAM CEMENT
Respondent
COMMNR. OF CENTRAL EXCISE, INDORE
Author
RUMA PAL,B.N. SRIKRISHNA,DALVEER BHANDARI
Bench
RUMA PAL,B.N. SRIKRISHNA,DALVEER BHANDARI

Judgment text excerpt

The Supreme Court addressed the admissibility of Cenvat credit on inputs and capital goods under the Cenvat Credit Rules, 2000, 2001, and 2002. The Court held that inputs used outside the factory premises, specifically explosives and mining equipment, do not qualify for credit as they are not utilized in the manufacturing process within the factory, thereby affirming the decision of the Customs, Excise & Service Tax Appellate Tribunal. The Court distinguished this case from the precedent set in Jaypee Rewa Cement v. Commissioner of Central Excise, M.P., emphasizing the specific usage requirements for Cenvat credit eligibility.

M/S. VIKRAM CEMENT vs COMMNR. OF CENTRAL EXCISE, INDORE · Niyam