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december 2012

Supreme Court of India · 2012-12-11

C.C.E.,Vadodara vs Gujarat Narmada Valley Fer. Co. Ltd

Citation / case number
AIRONLINE 2012 SC 424
Court
Supreme Court of India
Petitioner
C.C.E.,Vadodara
Respondent
Gujarat Narmada Valley Fer. Co. Ltd
Author
Madan B. Lokur
Bench
Madan B. Lokur, Swatanter Kumar

Judgment text excerpt

The Supreme Court ruled that the assessee is entitled to claim cenvat credit on Low Sulphur Heavy Stock (LSHS) used as fuel for generating steam and electricity for the manufacture of exempt fertilizers, despite the Revenue's objections. The Court upheld the Tribunal's larger Bench decision, which confirmed that the issue was settled in favor of the assessee based on precedent from Gujarat Narmada Fertilizers Co. Ltd. The Court's holding affirms the eligibility for cenvat credit under Rule 12 of the Cenvat Credit Rules, 2002, and Section 11A of the Central Excise Act, 1944.

C.C.E.,Vadodara vs Gujarat Narmada Valley Fer. Co. Ltd · Niyam