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february 2012

Supreme Court of India · 2012-02-09

Raja Mechanical Co.(P) Ltd vs Commnr. Of Central Excise, Delhi-I

Court
Supreme Court of India
Petitioner
Raja Mechanical Co.(P) Ltd
Respondent
Commnr. Of Central Excise, Delhi-I
Bench
Anil R. Dave, H.L. Dattu

Judgment text excerpt

The Supreme Court upheld the dismissal of the reference application by the High Court, affirming that the assessee's MODVAT credit claim of Rs. 1,47,000 was disallowed due to non-compliance with the time limits set under the Central Excise Act, 1944, specifically Rule 57T(1) and Section 11A. The Court emphasized that the declaration was filed late and the evidence presented did not substantiate the claim of timely receipt of goods. The Court also confirmed the imposition of a penalty under Rule 173Q and interest under Section 11AB, reinforcing the importance of adherence to procedural timelines in tax matters.

Raja Mechanical Co.(P) Ltd vs Commnr. Of Central Excise, Delhi-I · Niyam