Supreme Court of India · 2011-08-02
SARASWATI SUGAR MILLS vs COMMNR. OF CENTRAL EXCISE, DELHI-III
- Citation / case number
- SC 2003/5909
- Court
- Supreme Court of India
- Petitioner
- SARASWATI SUGAR MILLS
- Respondent
- COMMNR. OF CENTRAL EXCISE, DELHI-III
- Author
- H. L. DATTU
- Bench
- D.K. JAIN,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court addressed the classification of iron and steel structures as capital goods under Rule 57Q of the Central Excise Rules, 1944. The Court held that such structures, used for the installation of machinery in a sugar manufacturing plant, qualify for MODVAT credit as capital goods, thus entitling the assessee to exemption under Notification No. 67/95-CE. The Court overturned the Tribunal's decision, ruling in favor of the assessee, thereby allowing the appeal and setting aside the penalty imposed.