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december 2013

Supreme Court of India · 2013-12-17

UNION OF INDIA vs MAHARAJA SHREE UMAID MILLS

Citation / case number
SC 2008/21006
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
MAHARAJA SHREE UMAID MILLS
Author
DIPAK MISRA ANIL R. DAVE
Bench
DIPAK MISRA ANIL R. DAVE

Judgment text excerpt

The Supreme Court addressed the liability to pay interest under Section 112 of the Finance Act, 2000, concerning the MODVAT credit availed by the respondent, Maharaja Shree Umaid Mills, for High Speed Diesel Oil used in manufacturing. The Court held that the withdrawal of MODVAT credit through a 1995 Notification and subsequent Trade Notice was valid, and the respondents were liable to pay interest on the availed credit as they were not entitled to it. The appeals by the Union of India were thus upheld, confirming the imposition of interest under the Central Excise Rules, 1944.

UNION OF INDIA vs MAHARAJA SHREE UMAID MILLS · Niyam