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november 2010

Supreme Court of India · 2010-11-29

Ramala Sahkari Chini Mills Ltd, Up vs Commr.Of Central Excise-I,Meerut

Citation / case number
AIR 2011 SC (SUPP) 636
Court
Supreme Court of India
Petitioner
Ramala Sahkari Chini Mills Ltd, Up
Respondent
Commr.Of Central Excise-I,Meerut
Author
D.K. Jain
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that welding electrodes used for maintenance of machinery do not qualify as 'inputs' eligible for CENVAT credit under Rule 2 of the CENVAT Credit Rules, 2002. The Court referenced Section 35(L) of the Central Excise Act, 1944, and noted that prior rulings, including CCE, Belgaum Vs. Panyam Cements and Jaypee Rewa Plant, established that such items are not eligible for credit. The appeal was dismissed, affirming the findings of the lower authorities regarding the ineligibility of the welding electrodes for credit.

Ramala Sahkari Chini Mills Ltd, Up vs Commr.Of Central Excise-I,Meerut · Niyam