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april 2009

Supreme Court of India · 2009-04-28

Union Of India & Ors vs M/S Green Alloys P.Ltd

Citation / case number
AIRONLINE 2009 SC 26
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
M/S Green Alloys P.Ltd
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Punjab and Haryana High Court's order allowing the release of seized goods without cash security or bank guarantee was erroneous. The Court emphasized that under Rule 15 of the Cenvat Credit Rules, 2004, goods can be confiscated if there is evasion of duty, and thus, the respondent must furnish cash security or bank guarantee for 25% of the goods' value. The appeal was allowed to this extent, correcting the High Court's approach in adjudicating the merits prematurely.

Union Of India & Ors vs M/S Green Alloys P.Ltd · Niyam