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july 2007

Supreme Court of India · 2007-07-24

COMMNR. OF CENTRAL EXCISE vs M/S. SOLARIS CHEMTECH LIMITED .

Citation / case number
SC 2000/18248
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE
Respondent
M/S. SOLARIS CHEMTECH LIMITED .
Author
B. SUDERSHAN REDDY S. H. KAPADIA
Bench
B. SUDERSHAN REDDY S. H. KAPADIA

Judgment text excerpt

The Supreme Court ruled that the assessee is entitled to MODVAT credit under Rule 57A for Low Sulphur Heavy Stock (LSHS) and furnace oil used for generating electricity that is captively consumed in the manufacture of final products like caustic soda and cement. The Court interpreted Rule 57A, emphasizing that inputs include fuel used for electricity generation within the factory for manufacturing final products. The judgment clarifies the applicability of MODVAT credit, affirming the entitlement of the assessee to claim such credit under the specified conditions.

COMMNR. OF CENTRAL EXCISE vs M/S. SOLARIS CHEMTECH LIMITED . · Niyam