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august 2009

Supreme Court of India · 2009-08-17

Commr.Of Central Excise,Bhavnagar vs M/S Ultra Tech Cement Ltd

Citation / case number
AIRONLINE 2009 SC 531
Court
Supreme Court of India
Petitioner
Commr.Of Central Excise,Bhavnagar
Respondent
M/S Ultra Tech Cement Ltd
Author
S. H. Kapadia
Bench
Aftab Alam, S.H. Kapadia

Judgment text excerpt

The Supreme Court allowed the civil appeals filed by the Department, remitting the matters to the Adjudicating Authority to determine if any excess electricity was wheeled out or cleared at a price favoring joint ventures, vendors, or sister companies. The Court clarified that the Adjudicating Authority should calculate and charge duty or reverse credit accordingly, but no penalties would be imposed for the disputed periods. This decision follows the reasoning established in M/s. Maruti Suzuki Ltd. v. Commissioner of Central Excise, Delhi-III.

Commr.Of Central Excise,Bhavnagar vs M/S Ultra Tech Cement Ltd · Niyam