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.