Supreme Court of India · 2011-02-21
UNION OF INDIA vs M/S IND-SWIFT LABORATORIES LTD.
- Citation / case number
- SC 2009/36414
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- M/S IND-SWIFT LABORATORIES LTD.
- Author
- MUKUNDAKAM SHARMA
- Bench
- MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,
Judgment text excerpt
The Supreme Court ruled that under Section 32E(1) and Section 32F(1) of the Central Excise Act, 1944, the Settlement Commission correctly determined that the respondent was not entitled to claim interest on CENVAT credit from the date it was wrongly availed, but rather from the date it was utilized. The Court upheld the High Court's decision that the respondent's claim for interest on Rs. 50 lacs was invalid as the amount had already been deposited prior to the claim. The appeal was dismissed, affirming the High Court's order.