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november 2010

Supreme Court of India · 2010-11-29

RAMALA SAHKARI CHINI MILLS LTD THROUGH ITS GENERAL MANAGER vs COMMR.OF CENTRAL EXCISE

Citation / case number
SC 2007/15599
Court
Supreme Court of India
Petitioner
RAMALA SAHKARI CHINI MILLS LTD THROUGH ITS GENERAL MANAGER
Respondent
COMMR.OF CENTRAL EXCISE
Author
D.K. JAIN,H.L. DATTU, , ,
Bench
D.K. JAIN,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court upheld the Tribunal's decision that welding electrodes used for maintenance of machinery are not eligible for Modvat credit under Rule 2 of the Cenvat Credit Rules, citing precedents such as CCE, Belgaum Vs. Panyam Cements & Mineral Inds. and Jaypee Rewa case. The Court found that the appellant's claim for credit was not supported by the law, as the electrodes were not considered inputs or capital goods. The appeal was dismissed, affirming the imposition of penalty and interest by the lower authorities.

RAMALA SAHKARI CHINI MILLS LTD THROUGH ITS GENERAL MANAGER vs COMMR.OF CENTRAL EXCISE · Niyam