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april 2008

Supreme Court of India · 2008-04-23

Commissioner Of Customs vs Auto Ignition Ltd.

Court
Supreme Court of India
Petitioner
Commissioner Of Customs
Respondent
Auto Ignition Ltd.
Bench
Ashok Bhan, Dalveer Bhandari

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that the Revenue failed to prove the Assessee availed of MODVAT credit on imported inputs, as required under Notification No. 203/92-CUS. The Court emphasized that the onus of proof lies with the Revenue to establish the Assessee's entitlement to the claimed duty. Consequently, the Court dismissed the Revenue's appeals, affirming the Tribunal's order that the demand for customs duty was unjustified.

Commissioner Of Customs vs Auto Ignition Ltd. · Niyam