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september 2013

Supreme Court of India · 2013-09-03

M/S. KCP LTD. vs COMMNR. OF CENTRAL EXCISE, CHENNAI

Citation / case number
SC 2003/14680
Court
Supreme Court of India
Petitioner
M/S. KCP LTD.
Respondent
COMMNR. OF CENTRAL EXCISE, CHENNAI
Author
ANIL R. DAVE
Bench
ANIL R. DAVE H.L. DATTU

Judgment text excerpt

The Supreme Court ruled that the appellant, M/S KCP Ltd., was not entitled to MODVAT credit under Rule 57Q of the Central Excise Rules, 1944, for certain goods described as 'capital goods' that were not utilized in the manufacturing process within the factory premises. The Court held that the definition of 'capital goods' under the Rules was not met, as the goods in question were not used in the production of the final product. Consequently, the appeals against the CEGAT's decision were dismissed, affirming the department's stance on the matter.

M/S. KCP LTD. vs COMMNR. OF CENTRAL EXCISE, CHENNAI · Niyam