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.