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may 2010

Supreme Court of India · 2010-05-06

Madras Cements Ltd vs Commr.Of Central Excise

Court
Supreme Court of India
Petitioner
Madras Cements Ltd
Respondent
Commr.Of Central Excise
Author
Altamas Kabir
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court ruled on the eligibility of Modvat Credit under Rule 57Q of the Central Excise Rules, 1944, for the Appellant, M/s Madras Cements Ltd., for the period of November and December 1999. The Court held that the items claimed by the Assessee did not qualify as capital goods as per the definitions provided in the relevant rules, thus affirming the disallowance of Modvat Credit amounting to Rs.4,31,749/-. The Court's decision was based on the interpretation of capital goods under the Central Excise framework, specifically referencing Rule 57Q and the Board's Circular No.276/110/96 TRU.

Madras Cements Ltd vs Commr.Of Central Excise · Niyam