Supreme Court of India · 2010-01-25
M/S.Leader Engineering Works & Ors vs Commnr.,Central Excise,Jalandhar
- Citation / case number
- AIRONLINE 2010 SC 376
- Court
- Supreme Court of India
- Petitioner
- M/S.Leader Engineering Works & Ors
- Respondent
- Commnr.,Central Excise,Jalandhar
- Bench
- Swatanter Kumar, S.H. Kapadia
Judgment text excerpt
The Supreme Court remitted the matter to the Tribunal for de novo consideration regarding three specific issues: (1) entitlement to Modvat Credit, (2) justification of duty demand and penalties in light of prior orders, and (3) justification of duty demand and penalties when similar demands were set aside for other parties. The Court set aside the impugned order, emphasizing the need for a fresh evaluation of these issues without re-agitating the applicability of Section 11-A of the Central Excise Act. The civil appeals were disposed of with no order as to costs.