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december 2010

Supreme Court of India · 2010-12-09

MEWAR POLYTEX LTD. vs UNION OF INDIA .

Citation / case number
SC 2008/35539
Court
Supreme Court of India
Petitioner
MEWAR POLYTEX LTD.
Respondent
UNION OF INDIA .
Author
MUKUNDAKAM SHARMA
Bench
MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the assessee's appeal regarding the disallowance of Modvat credit amounting to ₹5,37,799 under Rule 57A of the Central Excise Rules, 1944. The Court found that the assessee had made false declarations in Form AR4 while claiming the credit, which was impermissible under Rule 173Q(1)(bb). The Court affirmed the imposition of penalty and the recovery order, emphasizing that the technicalities presented by the assessee did not absolve them of liability under the relevant rules.

MEWAR POLYTEX LTD. vs UNION OF INDIA . · Niyam