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.