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august 2011

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.

SARASWATI SUGAR MILLS vs COMMNR. OF CENTRAL EXCISE, DELHI-III · Niyam